Opinion
Nos. 1851 [M-2023 4615 4829 5091 5177] Index No. 656571/17 Case No. 2022-05715
03-14-2024
In the Matter of Barclays Capital Inc., Petitioner-Respondent, v. Jorge Carreras, Respondent-Appellant, Carlos J. Molina, Respondent.
Jorge Carreras, appellant pro se. O'Brien LLP, New York (A.J. Monaco of counsel), for respondent.
Jorge Carreras, appellant pro se.
O'Brien LLP, New York (A.J. Monaco of counsel), for respondent.
Before: Kern, J.P., Friedman, Kapnick, Gesmer, Rodriguez, JJ.
Appeal from amended consent order and judgment (one paper), Supreme Court, New York County (Eileen Bransten, J.), entered November 14, 2018, which confirmed a stipulated arbitration award and entered a final judgment in favor of petitioner and against respondent Jorge Carreras, unanimously dismissed, without costs, as taken by a nonaggrieved party.
As the amended judgment conformed in substance to an earlier judgment entered on consent, respondent Carreras is not an aggrieved party within the meaning of CPLR 5511 and lacks standing to appeal (see Matter of P. A. [Kathleen A.], 217 A.D.3d 596, 597 [1st Dept 2023]). Carreras never submitted any opposition to the petition to confirm the arbitration award or objected to entry of the judgment or amended judgment. Any contention that the amended judgment varied from what the parties agreed upon should have been addressed through a motion to vacate the judgment (see Matter of Kirk v State Bd. for Professional Med. Conduct, 58 A.D.3d 910 [3d Dept 2009]).
M-2023-4615, 4829, 5091, 5177 Barclays Capital Inc. v Jorge Carreras et al.
Motion to dismiss appeal, denied as academic (M-4615); motions for leave to file a supplemental record, denied (M-4829; M-5091); motion to remove confidential personal information from the record, granted to the extent of deeming petitioner's moving papers in M-4615 and M-4829 as "confidential" and marking them as such on NYSCEF (M-5177).