Opinion
2014-02-26
VOLUNTEER FIRE ASSOCIATION OF TAPPAN, INC., plaintiff-appellant, v. COUNTY OF ROCKLAND, et al., defendants, Morano Brothers Corp., respondent; Dwight D. Joyce, nonparty-appellant.
Dwight D. Joyce, Stony Point, N.Y., nonparty-appellant pro se, and for plaintiff-appellant Volunteer Fire Association of Tappan, Inc. Andrew Greene & Associates, P.C., White Plains, N.Y. (Paul T. Vink of counsel), for respondent.
Dwight D. Joyce, Stony Point, N.Y., nonparty-appellant pro se, and for plaintiff-appellant Volunteer Fire Association of Tappan, Inc. Andrew Greene & Associates, P.C., White Plains, N.Y. (Paul T. Vink of counsel), for respondent.
In an action, inter alia, for injunctive relief and to recover damages for trespass and private nuisance, the plaintiff and its attorney, nonparty Dwight D. Joyce, appeal from a judgment of the Supreme Court, Rockland County (Walsh II, J.), dated September 24, 2012, which is in favor of the defendant Morano Brothers Corp. and against Dwight D. Joyce in the sum of $3,500, for attorneys' fees pursuant to 22 NYCRR 130–1.1 for frivolous conduct.
ORDERED that the appeal by the plaintiff is dismissed, on the ground that it is not aggrieved by the judgment appealed from ( seeCPLR 5511; Day v. Syosset Cent. Sch. Dist., 105 A.D.3d 888, 963 N.Y.S.2d 320); and it is further,
ORDERED that the judgment is affirmed insofar as appealed from by nonparty Dwight D. Joyce; and it is further,
ORDERED that one bill of costs is awarded to the defendant Morano Brothers Corp., payable by nonparty Dwight D. Joyce.
Contrary to nonparty Dwight D. Joyce's contention, he was afforded a sufficient opportunity to be heard ( see Levine v. Levine, 111 A.D.3d 898, 975 N.Y.S.2d 686;Selletti v. Liotti, 104 A.D.3d 835, 836, 961 N.Y.S.2d 525;Telemark Constr. v. Francis Fleetwood & Assoc., 236 A.D.2d 462, 463, 653 N.Y.S.2d 666). His contention regarding an alleged failure to comply with 22 NYCRR 202.48 is unpreserved for appellate review ( see Peerless Ins. Co., v. Casey, 194 A.D.2d 411, 411–412, 599 N.Y.S.2d 542;Martin v. Triborough Bridge & Tunnel Auth., 180 A.D.2d 596, 580 N.Y.S.2d 305;PDG Psychological v. State Farm Mut. Ins. Co., 35 Misc.3d 147 [A], 2012 N.Y. Slip Op. 51067 [U], 2012 WL 2161477 [2d Dept.2012] ). His remaining contentions are without merit. BALKIN, J.P., CHAMBERS, LOTT and HINDS–RADIX, JJ., concur.