Opinion
June 10, 1996
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the appeals from the order entered March 23, 1995, and the resettled order entered April 3, 1995, are dismissed, as those orders were superseded by the order entered September 6, 1995, made upon reargument; and it is further,
Ordered that the cross appeals from the order entered March 23, 1995, and the resettled order entered April 3, 1995, are dismissed, as Trans World Airlines, Inc., is not aggrieved thereby (see, CPLR 5511); and it is further,
Ordered that the order entered September 6, 1995, is affirmed insofar as appealed from; and it is further,
Ordered that Trans World Airlines, Inc. is awarded one bill of costs.
Trans World Airlines, Inc. (hereinafter TWA) cannot cross-appeal from the order entered March 23, 1995, and the resettled order entered April 3, 1995, which granted the motion by TWA to dismiss the proceeding, because TWA is not aggrieved by these orders (see, CPLR 5511). However, the argument by TWA that this proceeding should be dismissed upon the alternate ground that it was time-barred can be reviewed on the petitioner's appeal (see, Parochial Bus Sys. v. Board of Educ., 60 N.Y.2d 539).
We agree with the petitioner that the Supreme Court did have jurisdiction over this proceeding (see, Hawaiian Airlines v Norris, 512 U.S. 246; Harris v. Hirsh, 86 N.Y.2d 207). However, we also find that this proceeding was time-barred when commenced (see, Matter of Cantor v. Langer, 210 A.D.2d 325; see also, Matter of Bianca v. Frank, 43 N.Y.2d 168).
The remaining contentions by TWA are not properly before this Court, as they are raised for the first time on appeal. Mangano, P.J., Sullivan, Altman and Hart, JJ., concur.