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REYES-DOBLES v. CHAUDHRY
Appellate Division of the Supreme Court of New York, Fourth Department.
Oct 4, 1991
Appeal unanimously dismissed without costs. Memorandum: By accepting the sanctions imposed in the court's conditional order, defendant forfeited his right to appeal (see, Gohery v Spartan Concrete Corp., 85 A.D.2d 678, affd 56 N.Y.2d 785; James v Powell, 24 A.D.2d 428; Wesson v Dullzell, 15 A.D.2d 744; 10 Carmody-Wait 2d, N Y Prac ยงยง 70:84, 70:87; see also, Dolin v Passero-Scardetta Assocs., 110 A.D.2d 1051). This Court can entertain an appeal only from an aggrieved party (CPLR 5511). The statement in the order on appeal that, in the event it is reversed on appeal, defendant's attorneys shall refund the sanctions to plaintiff's attorneys, cannot change this result.
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