AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

VIVIAN G. CABALLERO, Respondent, v. CONRADO CABALLERO, Appellant.

Ordered that the appeal is dismissed, with costs.

Only an "aggrieved party or a person substituted for him may appeal from any appealable judgment or order" (CPLR 5511; see, Matter of Richmond County Socy. for Prevention of Cruelty to Children [Staten Is. Mental Health Socy.], 11 A.D.2d 236, 239, affd 9 N.Y.2d 913, motion to amend remittitur granted 10 N.Y.2d 746, cert denied 368 U.S. 290; M.J. K. Co. v. Matthew Bender Co., 220 A.D.2d 488, 489). In the instant matter the defendant husband was not aggrieved by the order adding his sisters as necessary party defendants. Thus, the appeal must be dismissed ( see, Gomberg v. Gorman, 117 A.D.2d 583, 584; Richardson v. Millard, 33 A.D.2d 820).

Mangano, P.J., Bracken, Copertino and Santucci, JJ., concur.

Use AI to get other relevant cases.

Comments

CABALLERO v. CABALLERO
(Feb 2, 1998)