BOTIE v. TOWN OF BABYLON (2021)

Supreme Court, Appellate Term, New York,

Philip BOTIE, Respondent, v. TOWN OF BABYLON, Appellant.

2019-1830 S C

Decided: March 18, 2021

PRESENT: TERRY JANE RUDERMAN, P.J., JERRY GARGUILO, ELIZABETH H. EMERSON, JJ.

Babylon Town Attorney (Eckor Joseph of counsel), for appellant. Philip Botie, respondent pro se.

ORDERED that the appeal is dismissed.

Plaintiff commenced this small claims action to recover the sum of $4,580.28 for defendant's failure to pay a judgment that plaintiff had obtained against it and for defendant's alleged malicious prosecution of a parking violation against plaintiff. Following a nonjury trial, the District Court dismissed the action. Defendant appeals.

As the action against defendant was dismissed, defendant is not aggrieved by the judgment and its appeal cannot lie (see CPLR 5511; Mixon v TBV, Inc., 76 AD3d 144, 156-157 [2010]). This is so even though defendant disagrees with particular findings supporting the judgment in its favor (see Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473 [1986]; Parochial Bus Sys. v Board of Educ. of City of NY, 60 NY2d 539, 545 [1983]; Matter of Allstate Ins. Co. v Dewar, 186 AD3d 826, 827 [2020]; Peoples Natl. Bank of Rockland County v Weiner, 100 AD2d 841, 841 [1984]).

Accordingly, the appeal is dismissed.

RUDERMAN, P.J., GARGUILO and EMERSON, JJ., concur.

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