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PESANTEZ v. BOYLE ENVTL. SERVS., INC.

251 A.D.2d 11 (1998)

673 N.Y.S.2d 659

Luis Pesantez et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. Boyle Environmental Services, Inc., et al., Appellants, et al., Defendant

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

June 2, 1998

Although Boyle filed a notice of appeal, it did not appear in opposition to plaintiffs' motion in the IAS Court or make any cross motion, and thus its appeal must be dismissed since it does not qualify as an aggrieved party (see, Shao v Fugazy Express, 177 A.D.2d 422, 423).

All claims as against Greaney are automatically stayed by its filing for Chapter 11 bankruptcy protection (11 USC § 362), and as against Reliance...

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