260 Herkimer St. Lp v Marion Scott-casanova
Motion No: 2009-00438 KC
Slip Opinion No: 2009 NYSlipOp 70215(U)
Decided on April 14, 2009
Appellate Term, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : WESTON, J.P., GOLIA and RIOS, JJ.

NO. 2009-438 K C
260 HERKIMER STREET LP,

Respondent,

-against-

MARION SCOTT-CASANOVA,

Appellant.

DECISION

On the court's own motion, appeal is dismissed.

No appeal lies from a stipulation of settlement (see CPLR 5511; 5512 [a]; see also Matter of D'Imperio v Putnam Lake Fire Dept., 262 AD2d 410 [1999]; Reynolds v Spanakos, 196 AD2d 798 [1993]).

Furthermore no appeal lies from an order by which a party is not aggrieved (see CPLR 5511; Scopelliti v Town of New Castle, 92 NY2d 944 [1998]; Precise Ct. Reporting v Karten, 6 AD3d 412 [2004]).