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Matter of Willman v. Cederquist

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 667 (N.Y. App. Div. 1991)

Opinion

July 12, 1991

Appeal from the Supreme Court, Chautauqua County, Gorski, J.

Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.


Appeal unanimously dismissed without costs. Memorandum: The notice of appeal in this case lists only one appellant, petitioner, Lynn Hartley. Appellant's attorney has confirmed that Hartley, who claims to be aggrieved by the Zoning Board's determination to grant an area variance for property adjacent to his, has sold his property. Because the sole appellant, having sold his adjacent property, is no longer an aggrieved party, the appeal must be dismissed (see, CPLR 5511; 4 CJS, Appeal and Error, §§ 181, 404; Prudential Sav. Bank v Panchar Realty Corp., 72 A.D.2d 792; Mills v Hoag, 7 Paige Ch 18).


Summaries of

Matter of Willman v. Cederquist

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 667 (N.Y. App. Div. 1991)
Case details for

Matter of Willman v. Cederquist

Case Details

Full title:In the Matter of RONALD K. WILLMAN, Petitioner, and LYNN L. HARTLEY…

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

Date published: Jul 12, 1991

Citations

175 A.D.2d 667 (N.Y. App. Div. 1991)
572 N.Y.S.2d 593