IOVINO v. DOE


277 A.D.2d 353 (2000)

716 N.Y.S.2d 599

JOSEPH IOVINO, Appellant, v. JOHN DOE et al., Respondents. JOHN T. WISSELL, JR., Nonparty Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 20, 2000.


Ordered that the appeal is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by the order (see, CPLR 5511).

Since the nonparty law firm did not file a notice of appeal on its own behalf but only on behalf of the nonaggrieved plaintiff, any attempt by that nonparty to prosecute the appeal on its own behalf is a nullity (see, Scopelliti v Town of New Castle, 92 N.Y.2d 944

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