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BELLCO DRUG CORP., PLAINTIFF-RESPONDENT, v. HINA PHARMACY, ET AL., DEFENDANTS-RESPONDENTS. NON-PARTY-APPELLANT, AISHA PARVEEN, NON-PARTY.

Parveen's attorney lacks standing to challenge Justice Abdus-Salaam's refusal to transfer the action to Justice Huff and her granting of a default judgment in favor of plaintiff. In any event, even if the appeal had been taken by Parveen, we would find that, as a result of this Court's reversal of Justice Huff's judgment dissolving the pharmacy (Matter of Parveen, 259 A.D.2d 389), there was, at the time plaintiff moved for an order of seizure, no related action pending, and thus no basis for vacating that order and transferring the motion therefor to Justice Huff pursuant to CPLR 2221. The part 130 sanction was properly imposed since Parveen, a nonparty, lacked standing to seek relief from the seizure order, did not seek leave to intervene, and failed to show that the pharmacy had a meritorious defense to plaintiff's motion for a seizure order.

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BELLCO DRUG CORP. v. HINA PHARMACY
(Jan 23, 2001)