Appellate Division: Second Judicial Department

M47162

J/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2006-09824 Linda DiBlasi, respondent, v Thomas DiBlasi, defendant; Lawrence H. Bloom, nonparty-appellant. (Index No. 17472/97)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on an appeal from an order of the Supreme Court, Queens County, dated October 5, 2006, to direct that the payment of a certain distributive award payable by the defendant to the respondent be disbursed in a certain manner. Motion by Barrocas & Rieger, LLP, inter alia, for leave to intervene on the appeal and to vacate the temporary restraining order contained in the order to show cause signed by a Justice of this court on October 20, 2006. Cross motion by the respondent, inter alia, in effect, to enjoin the nonparty-appellant and Barrocas & Rieger, LLP, from collecting payment for attorneys fees either directly from the respondent or from any distributive award payable to the respondent.

Upon the papers filed in support of the motions and cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion by the nonparty-appellant and the cross motion are denied; and it is further,

ORDERED that the branch of the motion by Barrocas & Rieger, LLP, which is to vacate the temporary restraining order contained in the order to show cause signed by this Court on October 20, 2006, is denied as academic, in light of the determination of the appellant's motion; and it is further,

ORDERED that the motion by Barrocas & Rieger, LLP, is otherwise denied.

FLORIO, J.P., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court