BILELLO v. GENESIS SEAFOOD, INC.


12 A.D.3d 474 (2004)

783 N.Y.S.2d 876

JAMES BILELLO et al., Respondents, v. GENESIS SEAFOOD, INC., et al., Defendants. ELSIE ROCKETT, Nonparty Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 15, 2004.


Ordered that the appeal from the order dated May 13, 2003, is dismissed, as that order was superseded by the order dated August 4, 2003, made upon reargument; and it is further,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

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