IN RE: Albert SCARDERA (2025)

DECISION & ORDER

In a proceeding pursuant to CPLR article 78, inter alia, to review so much of a determination of the Planning Board of the Town of Mount Pleasant dated December 5, 2019, as, after a hearing, imposed conditions upon the granting of a certain special permit, Palisades Fuel, Inc., appeals from a judgment of the Supreme Court, Westchester County (Robert J. Prisco, J.), dated October 3, 2023.  The judgment denied the petition and, in effect, dismissed the proceeding.

ORDERED that the appeal is dismissed, with costs, as Palisades Fuel, Inc., is not aggrieved by the judgment appealed from (see CPLR 5511).

“[A] person is aggrieved [within the meaning of CPLR 5511] when he or she asks for relief but that relief is denied in whole or in part,” or “when someone asks for relief against him or her, which the person oppose[d], and the relief is granted in whole or in part” (Mixon v. TBV, Inc., 76 A.D.3d 144, 156–157, 904 N.Y.S.2d 132 [emphasis omitted];  see Youngwall v. Youngwall, 193 A.D.3d 907, 142 N.Y.S.3d 392).  Here, contrary to the contention of Palisades Fuel, Inc., it did not request relief, as it did not join in or submit any papers in support of the petition denied in the judgment appealed from, and thus, it is not aggrieved by the judgment (see CPLR 5511;  Barrett v. Magnetic Constr. Group Corp., 149 A.D.3d 1022, 1023, 53 N.Y.S.3d 350;  Matter of Abraham S., 291 A.D.2d 452, 737 N.Y.S.2d 542).

DILLON, J.P., CHRISTOPHER, VENTURA and MCCORMACK, JJ., concur.