BiLello v. Genesis Seafood, Inc.

Appellate Division of the Supreme Court of New York

BiLello v. Genesis Seafood, Inc.

28 A.D.3d 412, 811 N.Y.S.2d 570

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

DecidedApril 4, 2006

StatusPublished

Cited by1 cases

This text of 28 A.D.3d 412 (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., 28 A.D.3d 412, 811 N.Y.S.2d 570 (N.Y. Ct. App. 2006).

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Opinion

In an action pursuant to RPAPL article 15 to compel the determination of a claim to real property, nonparty Elsie Rockett appeals from an order of the Supreme Court, Nassau County (Winslow, J.), dated July 30, 2004, which denied her motion to vacate a tax lien and sale.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied Elsie Rockett’s motion to vacate a tax lien and sale because she is not a party to this action. In any event, even if she was attempting to make such motion on behalf of the corporate defendants, as we previously held, as a non-attorney she had no authority to do so (see CPLR 321 [a]; Bilello v Genesis Seafood, Inc., 12 AD3d 474 [2004]; see also World on Columbus v L.C.K. Rest. Group, 260 AD2d 323, 324 [1999]; Evans v Conley, 124 AD2d 981, 982 [1986]). Schmidt, J.P., Adams, Santucci and Skelos, JJ., concur.

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In an action pursuant to RPAPL article 15 to compel the determination of a claim to real property, nonparty Elsie Rockett appeals from an order of the Supreme Court, Nassau County (Winslow, J.), dated July 30, 2004, which denied her motion to vacate a tax lien and sale.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied Elsie Rockett’s motion to vacate a tax lien and sale because she is not a party to this action. In any event, even if she was attempting to make such motion on behalf of the corporate defendants, as we previously held, as a non-attorney she had no authority to do so (see CPLR 321 [a]; Bilello v Genesis Seafood, Inc., 12 AD3d 474 [2004]; see also World on Columbus v L.C.K. Rest. Group, 260 AD2d 323, 324 [1999]; Evans v Conley, 124 AD2d 981, 982 [1986]). Schmidt, J.P., Adams, Santucci and Skelos, JJ., concur.

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Bluebook (online)

28 A.D.3d 412, 811 N.Y.S.2d 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bilello-v-genesis-seafood-inc-nyappdiv-2006.

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