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BiLello v. Genesis Seafood, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 2006
28 A.D.3d 412 (N.Y. App. Div. 2006)

Opinion

2004-08599.

April 4, 2006.

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.

Elsie Rockett, Massapequa, N.Y, nonparty-appellant pro se.

Certilman Balin Adler Hyman, LLP, East Meadow, N.Y. (John H. Gionis of counsel), for respondents.

Before: Schmidt, J.P., Adams, Santucci and Skelos, JJ., concur.


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; see also World on Columbus v. L.C.K. Rest. Group, 260 AD2d 323, 324; Evans v. Conley, 124 AD2d 981, 982).


Summaries of

BiLello v. Genesis Seafood, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 2006
28 A.D.3d 412 (N.Y. App. Div. 2006)
Case details for

BiLello v. Genesis Seafood, Inc.

Case Details

Full title:JAMES BILELLO et al., Respondents, v. GENESIS SEAFOOD, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 4, 2006

Citations

28 A.D.3d 412 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2485
811 N.Y.S.2d 570

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