Opinion
2002-00198
Submitted February 6, 2003.
March 3, 2003.
In a proceeding to revoke letters testamentary and a trusteeship, Pamela Carvel appeals from so much of an order of the Surrogate's Court, Westchester County (Scarpino, S.), dated November 8, 2001, as denied, without prejudice to renewal, the motion of the Thomas and Agnes Carvel Foundation for partial summary judgment vacating a confession of judgment entered on February 7, 1995.
Joel Martin Aurnou, White Plains, N.Y. (Robert M. Redis and Deborah Yurchuk McCarthy of counsel), for appellant.
Orrick, Herrington Sutcliffe, LLP, New York, N.Y. (Steven J. Fink and Tara Myslinski of counsel), for petitioner-respondent Thomas and Agnes Carvel Foundation.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
While a substantial right of a party is affected by an order denying that party's motion for relief without prejudice to renewal (see Drepaul v. Allstate Ins. Co., 299 A.D.2d 391), where, as here, the party seeking to appeal was the successful opponent of such a motion, that party is not aggrieved (see Drepaul v. Allstate Ins. Co., supra; Bird v. Bird, 111 A.D.2d 204).
SANTUCCI, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.