Opinion
May 15, 1995
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Ordered that the cross appeal is dismissed, as the plaintiff is not aggrieved by that portion of the order cross-appealed from (see, CPLR 5511; Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539); and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that the respondent-appellant is awarded one bill of costs.
Pursuant to the liability insurance policy in question, the plaintiff would "not be liable to make any payment of loss in connection with any claim * * * [s]eeking the return of any profit, advantage, gain or remuneration to which the [i]nsureds were not legally entitled". We agree with the Supreme Court that the exclusion in question covered the school districts' demands for interest on the improperly withheld tax monies (see, Town of Smithtown v National Union Fire Ins. Co., 215 A.D.2d 552 [decided herewith]). Joy, J.P., Friedmann, Krausman and Florio, JJ., concur.