Opinion
CA 03-01689.
February 11, 2004.
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.
FELLE, STOCKER MARGULIS, WILLIAMSVILLE (LEO J. FALLON OF COUNSEL), FOR PLAINTIFF-APPELLANT.
BURGIO, KITA CURVIN, BUFFALO (STEVEN P. CURVIN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HURLBUTT, AND SCUDDER, JJ.
MEMORANDUM AND ORDER
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 A.D.2d 924, lv denied 99 N.Y.2d 504). 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 A.D.2d 502, 502-503; see Fleet Credit Corp. v. Cabin Serv. Co., 210 A.D.2d 57).