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VSF COALITION, INC. v. SCOPPETTA

13 A.D.3d 517 (2004)

786 N.Y.S.2d 575

VSF COALITION, INC., Appellant, v. NICHOLAS SCOPPETTA, Defendant, and ELIOT SPITZER, as Attorney General of the State of N.Y., Respondent.

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

December 20, 2004.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the defendant Eliot Spitzer, Attorney General (hereinafter Attorney General), was not a proper party to the action since he did not administer the pension fund at issue (see Matter of N.J. Koss, Inc. v Regan, 149 A.D.2d 785, 787 [1989]; Joanne S. v Carey, 115 A.D.2d 4, 9 [1986]; Sobel v Higgins...

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