Morgan v Talusan
2009 NY Slip Op 02855 [61 AD3d 497]
April 14, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


Donovan Morgan, an Infant, by His Mother and Natural Guardian, Donna Moody, et al., Plaintiffs,
v
Eloisa B. Talusan, M.D., et al., Defendants. Spencer, Maston & McCarthy, LLP, Appellant, v Silberstein, Awad & Miklos, P.C., Respondent.

—[*1] Spencer, Maston & McCarthy, LLP, Albany (Bruce Maston of counsel), appellant pro se.

Silberstein, Awad & Miklos, P.C., Garden City (Joseph P. Awad of counsel), for respondent pro se.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about August 4, 2008, which denied petitioner's motion to resettle and affirm an order, same court (Bertram Katz, J.), entered on or about September 23, 2003, denying respondent's motion for a hearing to determine its fees, unanimously affirmed, without costs.

Supreme Court correctly understood the prior order as merely referring the matter to Supreme Court, Nassau County, and not as denying the fee application on the merits.

Under the circumstances, we find sanctions unwarranted. Concur—Saxe, J.P., Friedman, Sweeny, Acosta and Freedman, JJ.