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Hayden v. Catholic Home Bureau

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 557 (N.Y. App. Div. 2002)

Opinion

2002-01290

Argued May 31, 2002.

October 28, 2002.

In an action, inter alia, to recover damages for negligent hiring and negligent supervision, the defendant Catholic Home Bureau appeals from an order of the Supreme Court, Kings County (Pincus, J.), dated December 28, 2001, which granted the plaintiffs' motion for the appointment of a guardian ad litem to represent a nonparty infant.

Wilson, Elser, Moskowitz, Edelman Dicker, LLP, White Plains, N.Y. (Katherine Hammond Gallé and Meredith Drucker of counsel), for appellant.

Harnick Harnick, New York, N.Y. (Robert Harnick of counsel), for plaintiffs-respondents.

Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, GABRIEL M. KRAUSMAN, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, without costs or disbursements.

Pursuant to CPLR 5511, only an aggrieved party may appeal from an order or judgment. To be "aggrieved," the party must have "a direct interest in the controversy which is affected by the result," and the adjudication must have "a binding force against the rights, person or property of the party" (Matter of Richmond County Soc. for Prevention of Cruelty to Children, 11 A.D.2d 236, 239, affd 9 N.Y.2d 913; see also Matter of Delong, 89 A.D.2d 368, 369-370). Since the appellant is not aggrieved within the meaning of CPLR 5511 by the order which appointed a guardian ad litem to represent the nonparty infant for limited purposes, the appeal must be dismissed (see Klaas v. Hobbs Equipment Co., 277 A.D.2d 287).

FLORIO, J.P., FEUERSTEIN, KRAUSMAN and CRANE, JJ., concur.


Summaries of

Hayden v. Catholic Home Bureau

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 557 (N.Y. App. Div. 2002)
Case details for

Hayden v. Catholic Home Bureau

Case Details

Full title:MICHAEL HAYDEN, JR., ET AL., plaintiffs-respondents, v. CATHOLIC HOME…

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

Date published: Oct 28, 2002

Citations

298 A.D.2d 557 (N.Y. App. Div. 2002)
748 N.Y.S.2d 676