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MATTER OF CARVEL

303 A.D.2d 405 (2003)

755 N.Y.S.2d 851

In the Matter of the Estate of THOMAS CARVEL, Deceased. THOMAS AND AGNES CARVEL FOUNDATION et al., Respondents; PAMELA CARVEL, Appellant; LEONARD ROSS et al., Respondents.

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

Decided March 3, 2003.

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 [2002]), 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;

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