STP Assocs., LLC v. Hess

Full title: STP Associates, LLC, Respondent, v. Nelson Hess, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jun 11, 2012

2012 N.Y. Slip Op. 76288 (N.Y. App. Div. 2012)

Opinion

2012-277 N C

06-11-2012

STP Associates, LLC, Respondent, v. Nelson Hess, Appellant.

JOHN R. LaCAVA

, J.P.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

Motion by William V. Rapp, Esq., on an appeal from an order of the District Court of Nassau County, First District, entered January 26, 2012, for leave to reargue the branch of his prior motion seeking to be substituted as counsel for appellant in the proceeding. Separate motion by Frederick C. Kelly, Esq., appellant's attorney of record in the proceeding, for an enlargement of time to serve and file papers in opposition to the motion by William V. Rapp, Esq., and for related relief.

Upon the papers filed in support of the motions, it is

ORDERED, on the court's own motion, that the motion by William V. Rapp, Esq., and the motion by Frederick C. Kelly, Esq., are consolidated for purposes of disposition; and it is further,

ORDERED that the motion by William Rapp, Esq., is denied, as an application to be substituted as counsel in an action or proceeding must be made in the court in which the action or proceeding is pending (see CPLR 321 [b] [2]); and it is further,

ORDERED that the motion by Frederick C. Kelly, Esq., is denied as moot.

ENTER:

Paul Kenny

Chief Clerk