Opinion
Submitted June 15, 2000
August 30, 2000.
In an action, inter alia, to recover damages for negligence, the defendant-intervenor, Dominick Pugliese and Sons, Inc., appeals from an order of the Supreme Court, Richmond County (Cusick, J.), dated April 28, 1999, which granted the motion of the defendants City of New York and Department of Environmental Protection of the City of New York for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
John J. Turvey, P.C., Staten Island, N.Y., for defendant-intervenor-appellant.
Steven P. Howard, Staten Island, N.Y., for plaintiff-respondent.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein, Louise Lippin, and Mordecai Newman of counsel), for defendants-respondents.
FRED T. SANTUCCI, J.P., SONDRA MILLER, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
The appellant is not aggrieved by the dismissal of the plaintiff's complaint insofar as asserted against the defendants City of New York and Department of Environmental Protection (see, CPLR 5511; Korn v. New York Prop. Ins. Underwriting Assn., 43 N.Y.2d 695; Dublin v. Prime, 168 A.D.2d 597; Hauser v. North Rockland Cent. School Dist. No. 1, 166 A.D.2d 553). Furthermore, since the plaintiff, Wilcox Development Corp., did not file a notice of appeal from the order, its brief, which requests reversal, is stricken and has not been considered by this court (see, Perez v. Spring Creek Assocs., 265 A.D.2d 314).