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In the Matter of Carvel

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 2003
303 A.D.2d 405 (N.Y. App. Div. 2003)

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.


Summaries of

In the Matter of Carvel

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 2003
303 A.D.2d 405 (N.Y. App. Div. 2003)
Case details for

In the Matter of Carvel

Case Details

Full title:IN THE MATTER OF THOMAS CARVEL, DECEASED. THOMAS AND AGNES CARVEL…

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

Date published: Mar 3, 2003

Citations

303 A.D.2d 405 (N.Y. App. Div. 2003)
755 N.Y.S.2d 851

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