Opinion
August 18, 1997
Appeal from the Supreme Court, Westchester County (DiBlasi, J.).
Ordered that the appeal is dismissed, without costs or disbursements, as the assignee of the plaintiff is not aggrieved by the order appealed from ( see, CPLR 5511).
The plaintiff assigned her interest in the subject debt to the appellant, her niece Pamela Carvel, prior to the commencement of this action. The Supreme Court found that the appellant's attempt to be substituted as the plaintiff was improper pursuant to CPLR 1018 because the interest in the debt was transferred prior to commencement of the action. The appellant now seeks to appeal from so much of an order as conditioned the granting of the plaintiff's motion for a discontinuance on the plaintiff's payment of the defendant's legal costs and attorney's fees. As a nonparty to the action, the appellant was not aggrieved by the order appealed from ( see, Solomon v City of New York, 225 A.D.2d 539).
O'Brien, J.P., Sullivan, Goldstein and Luciano, JJ., concur.