Opinion
April 6, 1967
Motion to dismiss appeal taken by American Casualty Company from the order and judgment entered in Action No. 2 granted, without costs. A nonparty who has neither intervened in the action nor been substituted for a party is without standing to appeal from the final determination therein. (CPLR 5511; Matter of Johnson v. Dreher, 278 App. Div. 1019.) Gibson, P.J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur.