Do You Have Standing?

on April 18, 2014 by Kara Larsen

Kara Larsen picThe legal concept called “standing” is little-known by the public, but looms large in any litigation or appeal.  In Edgar S. v. Roman, decided on March 26, 2014, the Second Department dismissed an appeal by one plaintiff after the other plaintiff moved to dismiss for lack of standing to appeal.

The lawsuit was filed seeking recovery for damages suffered due to medical malpractice and other negligent actions. The guardian of the plaintiff appealed a decision directing the distribution of the proceeds of a settlement agreement. The plaintiff-respondent filed a motion to dismiss the appeal on the grounds that the appellant was not aggrieved by the order being appealed, resulting in the appellant not having standing.

The court agreed with the plaintiff-respondent stating that since the guardian was not aggrieved by the court order, she lacked standing to file the appeal. Citing CPLR 5111, the Court stated that a party has standing to appeal if and only if: (a) they ask for relief and the request is denied in whole or in part, or (b) relief is sought against the party and the request is granted in whole or in part. The court reasoned that the appellant was not aggrieved by so much of the order appealed from as directed the distribution of the proceeds of a certain settlement agreement, since she did not move for any relief nor was any relief granted against her. Since the appellant was not aggrieved, the appeal was dismissed with costs being awarded to the plaintiff-respondent.

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