| Stp Assoc., LLC v Nelson Hess |
| Motion No: 2012-00277 nc |
| Slip Opinion No: 2012 NY Slip Op 67904(U) |
| Decided on March 16, 2012 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
JOHN R. LaCAVA, J.P.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| STP Associates, LLC, Respondent, v Nelson Hess, Appellant. |
Motion by William Rapp, Esq., for permission to prosecute appeals from orders of the District Court of Nassau County, First District, dated December 15, 2011 and January 26, 2012, as counsel for appellant, to be substituted as the attorney of record for appellant in the action, and for sanctions against Frederick C. Kelly, Esq., the attorney of record for appellant in the action. Cross motion by Frederick C. Kelly, Esq., to deny the motion by William Rapp, Esq., to sanction William Rapp, Esq., to determine that appellant had no cause to discharge Frederick C. Kelly, Esq., and to determine the amount of a retaining lien if this court determines that he has been properly discharged.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the order dated December 15, 2011 is dismissed as the notice of appeal from that order, which was filed by William Rapp, Esq., is of no effect, since he was not the attorney of record for appellant when that notice of appeal was filed (see CPLR 321; 1B Carmody-Wait 2d § 3:374); and it is further,
ORDERED that the branch of the motion by William Rapp, Esq., seeking permission to prosecute the appeal from the order dated December 15, 2011 as counsel for appellant is denied as moot; and it is further,
ORDERED that the branch of the motion by William Rapp, Esq., seeking permission to prosecute the appeal from the order dated January 26, 2012, denying a motion to substitute William Rapp, Esq., as attorney of record in the action, is denied as unnecessary as William Rapp, Esq., is the attorney of record solely for the purpose of that appeal; and it is further,
ORDERED that the remainder of the motion and the cross motion are denied.
It is noted that the issues sought to be raised on the appeal from the order dated December 15, 2011 may be raised on an appeal from a final judgment, should one be entered against appellant.
ENTER:
Paul Kenny
Chief Clerk