Webb v Zogaria (2004 NY Slip Op 00720)

Webb v Zogaria

2004 NY Slip Op 00720 [4 AD3d 757]

February 11, 2004

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 21, 2004

Susan E. Webb, Appellant,
v
Cindy E. Zogaria et al., Respondents.

—

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered February 26, 2003. The order, insofar as appealed from, denied plaintiff's motion to vacate a prior order of dismissal of this Court.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied plaintiff's motion seeking to vacate the prior order of this Court in Webb v Zogaria (295 AD2d 924 [2002], lv denied 99 NY2d 504 [2002]). It is well settled that "[t]rial courts are without authority to vacate or modify orders of the Appellate Division, or to reverse holdings of this [C]ourt" (Maracina v Schirrmeister, 152 AD2d 502, 502-503 [1989]; see Fleet Credit Corp. v Cabin Serv. Co., 210 AD2d 57 [1994]). Present—Pigott, Jr., P.J., Green, Pine, Hurlbutt and Scudder, JJ.