Fahrenholz v Security Mut. Ins. Co.
2004 NY Slip Op 09802 [13 AD3d 1087]
December 30, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 23, 2005


Thomas H. Fahrenholz, Respondent, v Security Mutual Insurance Company, Appellant, et al., Defendant. (Appeal No. 2.)

[*1]Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered March 30, 2004. The order, insofar as appealed from, denied the cross motion of defendant Security Mutual Insurance Company to disqualify and remove plaintiff's counsel.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Fahrenholz v Security Mut. Ins. Co. (13 AD3d 1085 [2004]). Present—Green, J.P., Scudder, Gorski and Hayes, JJ.