Drasser v. STP Assocs., LLC

Full title: Nancy Drasser, et al., appellants, v. STP Associates, LLC, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jun 26, 2012

2012 N.Y. Slip Op. 77325 (N.Y. App. Div. 2012)

Opinion

Motion No: 2010-11858 2011-00768 Index No. 15465/09 M139806

06-26-2012

Nancy Drasser, et al., appellants, v. STP Associates, LLC, respondent.

REINALDO E. RIVERA

, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Motion by William V. Rapp, Esq., purportedly on behalf of all of the appellants, for leave to reargue appeals from two orders of the Supreme Court, Nassau County, entered October 26, 2010, and December 14, 2010, respectively, which were determined by decision and order of this Court dated December 13, 2011, and to permit the substitution of William V. Rapp, Esq., as attorney for the appellants in place of Frederick C. Kelly, Esq. Separate motion by Frederick C. Kelly, Esq., purportedly on behalf of all of the appellants, to dismiss the motion by William V. Rapp, Esq., and to direct William V. Rapp, Esq., to file consent to change attorney forms before taking any further actions on behalf on the appellants. Separate motion by Frederick C. Kelly, Esq., purportedly on behalf of all of the appellants, for leave to reargue the appeals which were determined by decision and order of this Court dated December 13, 2011, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. By order to show cause dated May 2, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the motion by William V. Rapp, Esq., purportedly on behalf of all the appellants, on the ground that he had not shown that he had been retained by some or all of the appellants, or (2) dismissing the motions by Frederick C. Kelly, Esq., purportedly on behalf of all the appellants, on the ground that he had been discharged by some or all of the appellants, and the motions were held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are dismissed, without prejudice to William V. Rapp, making a motion on behalf of all of the appellants for leave to reargue on or before July 26, 2012.

RIVERA, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court