Talmadge v Holden, 2022 NY Slip Op 03919 [206 AD3d 846]

June 15, 2022

Appellate Division, Second Department

[*1]

Ryan Talmadge, Plaintiff,

v

Roy F. Holden, Respondent, and Katielyn N. Shimer, Appellant.

Bryan R. Kaplan, Rock Hill, NY, for appellant.

Burke, Scolamiero & Hurd, LLP, Albany, NY (Steven V. DeBraccio of counsel), for respondent.

In an action to recover damages for personal injuries, the defendant Katielyn N. Shimer appeals from an order of the Supreme Court, Orange County (Robert J. Onofry, J.), dated December 5, 2019. The order granted the motion of the defendant Roy F. Holden for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the appeal is dismissed, with costs.

The appellant is not aggrieved by the order granting the motion of her codefendant Roy F. Holden for summary judgment dismissing the complaint insofar as asserted against him ( see CPLR 5511; Mixon v TBV, Inc. , 76 AD3d 144 [2010]). Accordingly, the appeal must be dismissed. Brathwaite Nelson, J.P., Iannacci, Wooten and Zayas, JJ., concur..