Matter of Rumseyfall LLC v Porcelli
2025 NY Slip Op 00568 [234 AD3d 1327]
January 31, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 12, 2025


[*1]
 In the Matter of Rumseyfall LLC, Appellant,
v
Peter Porcelli, Town Zoning Officer, et al., Respondents, and The Town Heritage Preservation Commission et al., Appellants.

Rumseyfall LLC, Seneca Falls (Emil J. Bove, Jr., of counsel), for petitioner-appellant.

Rupp Pfalzgraf LLC, Buffalo (Marc A. Romanowski of counsel), for respondents-appellants.

HEADNOTES

Appeal - Parties Aggrieved - Appellant Received Relief Requested of Lower Court

Appeals from a judgment (denominated order) of the Supreme Court, Seneca County (Craig J. Doran, J.), entered September 11, 2023, in a proceeding pursuant to CPLR article 78. The judgment, inter alia, granted in part the amended petition and annulled a determination of the Zoning Board of Appeals of the Town of Seneca Falls.

It is hereby ordered that said appeals are unanimously dismissed without costs.

Memorandum: Petitioner Rumseyfall LLC (Rumseyfall) appeals from a judgment that, inter alia, granted its CPLR article 78 amended petition in part and annulled a determination of the Zoning Board of Appeals of the Town of Seneca Falls (ZBA), and respondents Town Heritage Preservation Commission and Charles Genco, as Chairman of the Town Heritage Preservation Commission, appeal from those parts of the same judgment that dismissed their second and fourth cross-claims, seeking annulment of the determination on alternative grounds. We conclude that the appeals must be dismissed.

A "party [that] has successfully obtained a judgment or order in [its] favor is not aggrieved by it, and, consequently, has no need and, in fact, no right to appeal" (Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 544 [1983]; see CPLR 5511). Indeed, "the concept of aggrievement is about whether relief was granted or withheld, and not about the reasons therefor" (Mixon v TBV, Inc., 76 AD3d 144, 149 [2d Dept 2010]; see Benedetti v Erie County Med. Ctr. Corp., 126 AD3d 1322, 1323 [4th Dept 2015]). Here, appellants received the relief they requested in their amended petition and cross-claims, which was the annulment of the determination of the ZBA (see generally Gross v Kurk, 224 AD2d 582, 583 [2d Dept 1996]). Present—Smith, J.P., Curran, Montour, Greenwood and Keane, JJ. [Prior Case History: 80 Misc 3d 1209(A), 2023 NY Slip Op 50945(U).]