| Acito v Acito |
| 2004 NY Slip Op 01147 [4 AD3d 494] |
| February 23, 2004 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Joseph Acito, Appellant, v Mary J. Acito, Respondent. |
—In an action, inter alia, to set aside a separation agreement, the plaintiff appeals from an order of the Supreme Court, Westchester County (Shapiro, J.), dated September 3, 2002, which, inter alia, denied his motion to disqualify the defendant's attorney.
Ordered that the order is affirmed, with costs.
Contrary to the plaintiff's contentions, the Supreme Court properly denied his motion to disqualify the defendant's attorney (see Cohen-Davidson v Davidson, 255 AD2d 414 [1998]; Lazansky v Lazansky, 148 AD2d 501 [1989]).
The defendant's remaining contentions are without merit. Ritter, J.P., Smith, H. Miller and Mastro, JJ., concur.