Giovanniello v. Carolina Wholesale Office Machine Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a putative class action, inter alia, to recover damages for violation of the Telephone Consumer Protection Act (47 USC § 227), the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McCarty III, J.), dated November 23, 2004, as denied his motion for class certification pursuant to CPLR article 9. The appeal brings up for review so much of an order of the same court dated January 31, 2005, as, upon reargument, adhered to the original determination (see CPLR 5517 [b]).
Ordered that the appeal from the order dated November 23, 2004 is…
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