Matter of Rossi v. New York City Dept. of Parks & Recreation

Tom, J.R,

dissents in part in a memorandum as follows: I dissent to the extent that the majority reaches matters not briefed by the parties and not reached by Supreme Court, thus providing no basis for review. It is axiomatic that in the absence of an adverse ruling by which a party is aggrieved, no appeal lies (CPLR 5511). Since petitioners have not filed a cross appeal, any administrative rulings adverse to them are likewise not subject to review in respondent’s present appeal.

Petitioners are all disabled veterans of the United States Armed Services who operate as mobile food vendors on the…