Opinion
2012-06-12
Bernard CHERRY, Plaintiff–Appellant, v. KOEHLER & ISAACS LLP, et al., Defendants–Respondents.
Bernard Cherry, appellant pro se. Koehler & Isaacs LLP, New York (Howard Wien of counsel), for respondents.
Bernard Cherry, appellant pro se. Koehler & Isaacs LLP, New York (Howard Wien of counsel), for respondents.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about October 26, 2010, which granted defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(7), unanimously affirmed, without costs.
The motion court properly concluded that this action could not be maintained against defendants, the counsel hired by plaintiff's union to represent him in the disciplinary proceedings prior to his termination from the Department of Correction ( see Mamorella v. Derkasch, 276 A.D.2d 152, 155, 716 N.Y.S.2d 211 [2000] ).
We have considered plaintiff's remaining contentions, including that he himself had *879retained defendants, and find them unavailing.