| Stp Assoc., LLC v Nelson Hess |
| Motion No: 2012-00277 nc |
| Slip Opinion No: 2012 NY Slip Op 76288(U) |
| Decided on June 11, 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 V. Rapp, Esq., on an appeal from an order of the District Court of Nassau County, First District, entered January 26, 2012, for leave to reargue the branch of his prior motion seeking to be substituted as counsel for appellant in the proceeding. Separate motion by Frederick C. Kelly, Esq., appellant's attorney of record in the proceeding, for an enlargement of time to serve and file papers in opposition to the motion by William V. Rapp, Esq., and for related relief.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that the motion by William V. Rapp, Esq., and the motion by Frederick C. Kelly, Esq., are consolidated for purposes of disposition; and it is further,
ORDERED that the motion by William Rapp, Esq., is denied, as an application to be substituted as counsel in an action or proceeding must be made in the court in which the action or proceeding is pending (see CPLR 321 [b] [2]); and it is further,
ORDERED that the motion by Frederick C. Kelly, Esq., is denied as moot.
ENTER:
Paul Kenny
Chief Clerk