Webb v. Zogaria

*758Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered February 26, 2003. The order, insofar as appealed from, denied plaintiffs motion to vacate a prior order of dismissal of this Court.

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 plaintiffs motion seeking to vacate the prior order of this Court in Webb v Zogaria (295 AD2d 924 [2002], lv denied 99 NY2d 504 [2002]). It is well settled that “[t]rial courts are without authority to vacate or modify…