Opinion
September 21, 1998
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the appeals by the defendants Jennifer Francino and New York Telephone Company are dismissed, as those defendants are not aggrieved by the order appealed from; and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
Although at the time of the incident the defendant Jennifer Francino was under the legal drinking age, and there was evidence that she had consumed alcohol, there was no evidence indicating that Francino was intoxicated. Therefore, the Supreme Court properly dismissed the plaintiff's cause of action alleging that the respondent violated the Dram Shop Act ( see, General Obligations Law §§ 11-100 Gen. Oblig., 11-101 Gen. Oblig.).
The plaintiff's remaining contentions are without merit.
Miller, J. P., Altman, McGinity and Luciano, JJ., concur.