Susan Schliessman Danza v Steven Anthony Danza

Danza v Danza 2004 NY Slip Op 09030 [13 AD3d 331] December 6, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 23, 2005

Susan Schliessman Danza, Appellant,
v
Steven Anthony Danza, Respondent.

—[*1]In an action to impose a constructive trust on certain real property, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Dye, J.), dated October 29, 2003, as granted that branch of the defendant's motion which was for her attorneys to pay restitution pursuant to CPLR 5015.

Ordered that the appeal is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by the portion of the order appealed from (see CPLR 5511).

The plaintiff appeals, as limited by her brief, from so much of the order as granted that branch of the defendant's motion which was for her attorney to pay restitution pursuant to CPLR 5015. Thus, the appeal must be dismissed as the plaintiff is not aggrieved by that portion of the order (see CPLR 5511). Ritter, J.P., S. Miller, Goldstein and Fisher, JJ., concur.