However, Plaintiff has already litigated the issue of his gym membership in state court. (Dkt. No. 5 at 8); Brennan v. Vil. of Johnson City, 192 A.D.3d 1287 (N.Y. A.D.3d Dep't 2021).

However, Plaintiff has already litigated the issue of his gym membership in state court. (Dkt. No. 5 at 8); Brennan v. Vil. of Johnson City, 192 A.D.3d 1287 (N.Y. A.D.3d Dep't 2021). The New York Appellate Division Third Department held that Plaintiff “successfully obtained authorization for a one-year gym membership, reimbursement for monies already paid for that membership and the right to reimbursement for future amounts paid for that gym membership.” Brennan,

"Aggrievement is a central and necessary component to invoke this Court's jurisdiction, and only an aggrieved party may take an appeal to this Court" ( Matter of Roach v. Cornell Univ., 207 A.D.3d 931, 931, 172 N.Y.S.3d 215 [3d Dept. 2022] [internal quotation marks, brackets and citations omitted]). "If a party is not aggrieved, then this Court does not have jurisdiction to entertain the appeal" ( Matter of Brennan v. Village of Johnson City, 192 A.D.3d 1287, 1289, 143 N.Y.S.3d 732 [3d Dept. 2021] [internal quotation marks, brackets and citations omitted]; seeHSBC Bank USA, N.A. v. Bedinotti, 207 A.D.3d 927, 928, 172 N.Y.S.3d 218 [3d Dept. 2022] ). As the sole issue before the Court is whether the Board erred in failing to apportion liability for the established claims between the two responsible carriers, we conclude that claimant is not aggrieved by the Board's decision.

As a threshold matter, respondents’ cross appeal must be dismissed. "Aggrievement is a central and necessary component to invoke this Court's jurisdiction, and only an aggrieved party may [take an] appeal" to this Court ( Matter of Brennan v. Village of Johnson City , 192 A.D.3d 1287, 1288–1289, 143 N.Y.S.3d 732 [2021] [citations omitted]; see CPLR 5511 ). "A successful party who has obtained the full relief sought is not aggrieved" within the meaning of CPLR 5511 ( T.D. v. New York State Off. of Mental Health, 91 N.Y.2d 860, 862, 668 N.Y.S.2d 153, 690 N.E.2d 1259 [1997] ; seeMatter of Dolomite Prods. Co., Inc. v. Town of Ballston, 151 A.D.3d 1328, 1331, 58 N.Y.S.3d 174 [2017] ).

"Aggrievement is a central and necessary component to invoke this Court's jurisdiction, and only an aggrieved party may take an appeal to this Court" (Matter of Birro v Wolkow-Braker Roofing Corp., 221 A.D.3d 1221, 1222 [3d Dept 2023] [internal quotation marks and citations omitted]). In other words, this Court has no jurisdiction to entertain an appeal if a party is not aggrieved (see id.; Matter of Brennan v Village of Johnson City, 192 A.D.3d 1287, 1289 [3d Dept 2021]). The employer's argument on appeal relates solely to that part of the Board's decision regarding its interpretation of the statutory and regulatory scheme of issuing subpoenas for deposition of medical providers.

Further, the diagnostic testing for her established site of injury was approved and performed, and she is not aggrieved by the rate at which an out-of-network provider is paid as "any disagreement concerning the reimbursement rate is between the care provider... and the carrier" (Matter of Perrin v Builders Resource, Inc., 116 A.D.3d 1208, 1209 [3d Dept 2014]; see Matter of Brennan v Village of Johnson City, 192 A.D.3d 1287, 1288-1289 [3d Dept 2021]). As such, claimant's appeal is dismissed.

In 2012, the Board's decision permanently disqualifying claimant from receiving indemnity benefits was affirmed by this Court ( 98 A.D.3d 1199, 1199–1200, 951 N.Y.S.2d 760 [3d Dept. 2012], lv dismissed 20 N.Y.3d 998, 959 N.Y.S.2d 681, 983 N.E.2d 758 [2013] ). Liability for the claim was subsequently transferred, effective in November 2002, to the Special Fund for Reopened Cases pursuant to Workers’ Compensation Law § 25–a (192 A.D.3d 1287, 1288, 143 N.Y.S.3d 732 [3d Dept. 2021] ). In November 2019, claimant sought to amend the claim to include certain consequential gastrointestinal conditions.

We agree. Indeed, only an aggrieved party may appeal because this Court otherwise lacks jurisdiction over the matter (see CPLR 5511 ; Matter of Brennan v. Village of Johnson City, 192 A.D.3d 1287, 1288–1289, 143 N.Y.S.3d 732 [2021] ). Here, it is undisputed that defendant conveyed his interest in the property to a third party prior to the entry of the judgment of foreclosure and sale.