| Pagan v City of New York |
| Motion No: 2007-03000 |
| Slip Opinion No: 2007 NYSlipOp 75086(U) |
| Decided on August 7, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M58065
E/nl
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2007-03000 Joanne Pagan, plaintiff-respondent, v City of New York, et al., defendants- respondents, Keyspan Corp., appellant. (Index No. 41892/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant-respondent Capan Contracting Corp., to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 14, 2007, on the ground that the appellant is not aggrieved by the order appealed from.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by the order appealed from (see Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473; Castaldi v 39 Winfield Assoc. LLC, 22 AD3d 780, 781).
RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court