Matter of Sobel v Ross
Motion No: 2011-00765
Slip Opinion No: 2011 NY Slip Op 67021(U)
Decided on March 16, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M117062

E/ct

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-00765

In the Matter of Gail Sobel, petitioner, v Robert A.

Ross, etc., et. al, respondents.

DECISION & ORDER ON MOTION

Motion by the respondent Mark B. Lew to disqualify the petitioner's attorney in a proceeding pursuant to CPLR article 78 in the nature of mandamus.

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

ORDERED that the motion is denied as academic in light of the determination of the proceeding (see Matter of Soble v Ross, ___ AD2d ___ [2d Dept, Mar. 8, 2011]).

ANGIOLILLO, J.P., FLORIO, HALL and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court