Whelan v. Griffin

On the court’s own motion, appeal taken as of right dismissed, without costs, upon the ground that appellants are not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]).

Motion for leave to appeal denied. The Court of Appeals restates the rule that denial of a motion for leave to appeal is not equivalent to an affirmance and has no precedential value (see, e.g., Matter of Marchant v Mead-Morrison Mfg. Co., 252 NY 284, 297-298 [Cardozo, Ch. J.]; Matter of Westchester Rockland Newspapers v Ingrassia, 54 NY2d 795).