Gonchar v National Assn. of Sec. Dealers, Inc. (2007 NY Slip Op 01614)

Gonchar v National Assn. of Sec. Dealers, Inc.

2007 NY Slip Op 01614 [37 AD3d 369]

February 27, 2007

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 11, 2007

Andrew Paul Gonchar et al., Appellants,
v
National Association of Securities Dealers, Inc., et al., Respondents, and Martin H. Kaplan, Esq., Proposed Intervenor-Appellant.

—[*1] Gusrae, Kaplan, Bruno & Nusbaum PLLC, New York (Brian D. Graifman of counsel), for appellants. Terri L. Reicher, Washington, DC, for respondents.

Appeal from judgment, Supreme Court, New York County (Carol R. Edmead, J.), entered February 7, 2006, which dismissed this proceeding brought pursuant to CPLR article 78 to prohibit respondent Hearing Officer from barring petitioners' use of subpoenas in a National Association of Securities Dealers (NASD) disciplinary proceeding and denied proposed intervenor's motion to intervene, unanimously dismissed as moot, without costs.

The disciplinary proceeding has concluded. Petitioners may appeal the Hearing Officer's order internally through the NASD. Concur—Andrias, J.P., Friedman, Sullivan, Williams and Catterson, JJ.