IN RE: BARCLAYS CAPITAL INC. (2024)

Appeal from amended consent order and judgment (one paper), Supreme Court, New York County (Eileen Bransten, J.), entered November 14, 2018, which confirmed a stipulated arbitration award and entered a final judgment in favor of petitioner and against respondent Jorge Carreras, unanimously dismissed, without costs, as taken by a nonaggrieved party.

As the amended judgment conformed in substance to an earlier judgment entered on consent, respondent Carreras is not an aggrieved party within the meaning of CPLR 5511 and lacks standing to appeal (see Matter of P.A. [Kathleen A.], 217 A.D.3d 596, 597, 193 N.Y.S.3d 1 [1st Dept. 2023]).  Carreras never submitted any opposition to the petition to confirm the arbitration award or objected to entry of the judgment or amended judgment.  Any contention that the amended judgment varied from what the parties agreed upon should have been addressed through a motion to vacate the judgment (see Matter of Kirk v. State Bd. for Professional Med. Conduct, 58 A.D.3d 910, 870 N.Y.S.2d 608 [3d Dept. 2009]).

Motion to dismiss appeal, denied as academic (M–4615);  motions for leave to file a supplemental record, denied (M–4829;  M–5091);  motion to remove confidential personal information from the record, granted to the extent of deeming petitioner's moving papers in M–4615 and M–4829 as “confidential” and marking them as such on NYSCEF (M–5177).