Appellate Division: Second Judicial Department

M260446

E/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2018-12869 Anonymous 2017-1, respondent, v Anonymous 2017-2, appellant. (Index No. 202477/17)

DECISION & ORDER ON MOTION

2018-13599

In the Matter of Katuria D'Amato, appellant,

v Joseph H. Lorintz, etc., respondent.

(Index No. 900/18)

2018-01782, 2018-01783, 2018-02767

Anonymous 2017-1, respondent,

v Anonymous 2017-2, appellant.

(Index No. 202477/17)

2018-05903, 2018-09811, 2018-12327,

2018-14262, 2019-00900

Anonymous-1, respondent,

v Anonymous-2, appellant.

(Index No. 202477/17)

Appeals from an order of the Supreme Court, Nassau County, entered October 25, 2018 (Appellate Division Docket No. 2018-12869), a judgment of the same court entered September 21, 2018 (Appellate Division Docket No. 2018-13599), two orders of the same court both dated February 2, 2018 (Appellate Division Docket Nos. 2018-01782, 2018-01783), which were dismissed by decision and order on motion of this Court dated March 2, 2018, an order of the same court entered March 8, 2018 (Appellate Division Docket No. 2018-02767), which was dismissed by decision and order on motion of this Court dated March 30, 2018, an order of the same court dated March 16, 2018 (Appellate Division Docket No. 2018-05903), and four orders of the same court entered June 4, 2018, August 2, 2018, October 17, 2018, and October 10, 2018, respectively (Appellate Division Docket Nos. 2018-09811, 2018-12327, 2018-14262, 2019-00900). Motion by the respondent Anonymous 2017-1, also known as Anonymous-1, to disqualify the appellant's counsel from representing the appellant in connection with the appeal from the order entered October 25, 2018 "or any other appeal" in the above-entitled action under Index No. 202477/17, and to impose a sanction upon the appellant's counsel. Cross motion by the appellant to impose a sanction upon the respondent Anonymous 2017-1, also known as Anonymous-1, and counsel for the respondent Anonymous 2017-1, also known as Anonymous-1, to extend the time to perfect the appeal from the order entered October 25, 2018, and certain other appeals, and to consolidate the appeal from the judgment with the appeal from the order entered October 25, 2018, and with the appeals from the other orders.

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

ORDERED that the branch of the motion which is to disqualify Thomas Liotti, Law Offices of Thomas F. Liotti, LLC, from representing the appellant on the appeal from the order entered October 25, 2018, is denied; and it is further,

ORDERED that the branch of the motion which is to disqualify Thomas Liotti, Law Offices of Thomas F. Liotti, LLC, from representing the appellant on appeals from the orders dated February 2, 2018, and entered March 8, 2018, is denied as unnecessary, as those appeals have been dismissed; and it is further,

ORDERED that the branch of the motion which is to disqualify Thomas Liotti, Law Offices of Thomas F. Liotti, LLC, from representing the appellant on appeals from the orders dated March 16, 2018, and the four orders entered June 4, 2018, August 2, 2018, October 17, 2018, and October 10, 2018, is granted on the ground that counsel was disqualified from representing the appellant in the action pending under Index No. 202477/17 by the order entered October 25, 2018; and it is further,

ORDERED that on or before March 15, 2019, Thomas Liotti, Law Offices of Thomas F. Liotti, LLC, shall serve the appellant by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon the appellant of a copy of this decision and order on motion; and it is further,

ORDERED that the branch of the motion which is to impose a sanction upon the appellant's counsel and the branch of the cross motion which is to impose a sanction upon the respondent Anonymous 2017-1, also known as Anonymous-1, and counsel for the respondent Anonymous 2017-1, also known as Anonymous-1, are denied; and it is further,

ORDERED that the branch of the cross motion which is to extend the time to perfect the appeal from the order entered October 25, 2018, and certain other appeals is granted as to the appeals from the order entered October 25, 2018, the order dated March 16, 2018, and the four orders entered June 4, 2018, August 2, 2018, October 17, 2018, and October 10, 2018, the time to perfect those appeals is extended until May 14, 2019, and that branch of the cross motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to consolidate the appeal from the judgment with the appeal from the order entered October 25, 2018, and with the appeals from the other orders is denied with respect to consolidation of the appeal from the judgment with the other appeals, denied as unnecessary with respect to consolidation of the appeal from the order entered October 25, 2018, with the appeals from the orders that have not been dismissed as those appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]), and denied as academic with respect to consolidation involving the appeals that have been dismissed.

LEVENTHAL, J.P., COHEN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court