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Caballero v. Caballero

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 352 (N.Y. App. Div. 1998)

Opinion

February 2, 1998

Appeal from the Supreme Court, Queens County (Golar, J.).


Ordered that the appeal is dismissed, with costs.

Only an "aggrieved party or a person substituted for him may appeal from any appealable judgment or order" (CPLR 5511; see, Matter of Richmond County Socy. for Prevention of Cruelty to Children [Staten Is. Mental Health Socy.], 11 A.D.2d 236, 239, affd 9 N.Y.2d 913, motion to amend remittitur granted 10 N.Y.2d 746, cert denied 368 U.S. 290; M.J. K. Co. v. Matthew Bender Co., 220 A.D.2d 488, 489). In the instant matter the defendant husband was not aggrieved by the order adding his sisters as necessary party defendants. Thus, the appeal must be dismissed ( see, Gomberg v. Gorman, 117 A.D.2d 583, 584; Richardson v. Millard, 33 A.D.2d 820).

Mangano, P.J., Bracken, Copertino and Santucci, JJ., concur.


Summaries of

Caballero v. Caballero

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 352 (N.Y. App. Div. 1998)
Case details for

Caballero v. Caballero

Case Details

Full title:VIVIAN G. CABALLERO, Respondent, v. CONRADO CABALLERO, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 2, 1998

Citations

247 A.D.2d 352 (N.Y. App. Div. 1998)
667 N.Y.S.2d 939

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