Bilello v. Genesis Seafood, Inc.

Appellate Division of the Supreme Court of New York

Bilello v. Genesis Seafood, Inc.

12 A.D.3d 474, 783 N.Y.S.2d 876, 2004 N.Y. App. Div. LEXIS 13682

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 2004

StatusPublished

Cited by3 cases

This text of 12 A.D.3d 474 (Bilello v. Genesis Seafood, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bilello v. Genesis Seafood, Inc., 12 A.D.3d 474, 783 N.Y.S.2d 876, 2004 N.Y. App. Div. LEXIS 13682 (N.Y. Ct. App. 2004).

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Opinion

In an action, inter alia, to foreclose a mortgage, Elsie Rockett appeals (1) from an order of the Supreme Court, Nassau County (Burke, J.), dated May 13, 2003, which denied her motion to vacate the note of issue, and (2), as limited by her brief, from so much of an order of the same court dated August 4, 2003, which, upon, in effect, granting reargument, adhered to its original determination.

Ordered that the appeal from the order dated May 13, 2003, is dismissed, as that order was superseded by the order dated August 4, 2003, made upon reargument; and it is further,

Ordered that the order dated August 4, 2003, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

Since Elsie Rockett is not a party to this action, the Supreme Court properly denied her motion to vacate the note of issue. Even if she was attempting to make the motion on behalf of the defendants Genesis Seafood, Inc., G. Rockett & Sons, Inc., and G. Rockett and Sons Lobster Co., Inc., as a non-attorney she could not do so (see CPLR 321 [a]; World on Columbus v L.C.K. Rest. Group, 260 AD2d 323, 324 [1999]; Evans v Conley, 124 AD2d 981, 982 [1986]). Florio, J.P., Schmidt, Mastro and Fisher, JJ., concur.

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In an action, inter alia, to foreclose a mortgage, Elsie Rockett appeals (1) from an order of the Supreme Court, Nassau County (Burke, J.), dated May 13, 2003, which denied her motion to vacate the note of issue, and (2), as limited by her brief, from so much of an order of the same court dated August 4, 2003, which, upon, in effect, granting reargument, adhered to its original determination.

Ordered that the appeal from the order dated May 13, 2003, is dismissed, as that order was superseded by the order dated August 4, 2003, made upon reargument; and it is further,

Ordered that the order dated August 4, 2003, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

Since Elsie Rockett is not a party to this action, the Supreme Court properly denied her motion to vacate the note of issue. Even if she was attempting to make the motion on behalf of the defendants Genesis Seafood, Inc., G. Rockett & Sons, Inc., and G. Rockett and Sons Lobster Co., Inc., as a non-attorney she could not do so (see CPLR 321 [a]; World on Columbus v L.C.K. Rest. Group, 260 AD2d 323, 324 [1999]; Evans v Conley, 124 AD2d 981, 982 [1986]). Florio, J.P., Schmidt, Mastro and Fisher, JJ., concur.

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12 A.D.3d 474, 783 N.Y.S.2d 876, 2004 N.Y. App. Div. LEXIS 13682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bilello-v-genesis-seafood-inc-nyappdiv-2004.

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