Vytra Health Plans v Colossal Carting Corp.
2009 NY Slip Op 01978 [60 AD3d 847]
March 17, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


Vytra Health Plans, Respondent,
v
Colossal Carting Corp. et al., Defendants. Dennis Burke, Jr., Nonparty Appellant.

—[*1] Kujawski & DelliCarpini, Deer Park, N.Y. (Bryan P. Kujawski of counsel), for nonparty appellant.

Korybski & Levinson, LLP, New York, N.Y. (Scott S. Levinson of counsel), for respondent.

In a subrogation action to recover insurance benefits paid on behalf of the plaintiff's insured, nonparty Dennis Burke, Jr., the plaintiff's insured, appeals from so much of an order of the Supreme Court, Suffolk County (Pines, J.), dated August 28, 2007, as, in effect, upon reargument, denied that branch of the defendants' motion which was for summary judgment dismissing the complaint.

Ordered that the appeal is dismissed, with costs.

Inasmuch as the nonparty appellant is not aggrieved by the order appealed from, his appeal must be dismissed (see CPLR 5511). Fisher, J.P., Covello, Angiolillo and Dickerson, JJ., concur.