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SUSAN E. WEBB, PLAINTIFF-APPELLANT, v. CINDY E. ZOGARIA AND RUSSELL J. ZOGARIA, DEFENDANTS-RESPONDENTS.

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).

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WEBB v. ZOGARIA
(Feb 11, 2004)