Opinion
11-17-2017
Marita E. HYMAN, Plaintiff–Appellant, v. Susan N. BURGESS, Defendant–Respondent. (Appeal No. 1.).
Marita E. Hyman, plaintiff-appellant pro se. Susan N. Burgess, defendant-respondent pro se.
Marita E. Hyman, plaintiff-appellant pro se.
Susan N. Burgess, defendant-respondent pro se.
Memorandum:
Plaintiff appeals pro se from an order that granted defendant's motion to withdraw her counterclaims and dismissed the entire action. The Third Department previously affirmed an order that, inter alia, dismissed the complaint ( Hyman v. Burgess, 125 A.D.3d 1213, 1213–1216, 4 N.Y.S.3d 645 [3d Dept.2015] ).
We conclude that plaintiff's appeal must be dismissed because plaintiff is not an "aggrieved party" and thus lacks standing to appeal from the order ( CPLR 5511 ). An aggrieved party is one whose interests are adversely affected by the judgment or order (see generally Benedetti v. Erie County Med. Ctr. Corp., 126 A.D.3d 1322, 1323, 5 N.Y.S.3d 746 [4th Dept.2015] ), and plaintiff is not aggrieved by the instant order discontinuing defendant's counterclaims against plaintiff and thus dismissing the entire case.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
CENTRA, J.P., PERADOTTO, CARNI, DeJOSEPH, and WINSLOW, JJ., concur.