MATTER OF BROWN v. SMITH

2010-08553

76 A.D.3d 939 (2010)

906 N.Y.S.2d 906

In the Matter of Everly BROWN, Appellant, v. MALCOLM A. SMITH, Respondent, et al., Respondent.

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

Decided September 10, 2010.


Ordered that the appeal is dismissed, without costs or disbursements.

Only an aggrieved party or a person substituted for him or her may appeal from an appealable judgment or order (see CPLR 5511; Swazey v Pathmark Stores, Inc., 74 A.D.3d 786, 787 [2010]). "Where a party obtains the relief [he or she] seeks from the Supreme Court, [that party] is not aggrieved" (AMS Prods., LLC v Signorile, 

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