From Casetext: Smarter Legal Research

Litman, Asche, Lupkin Gioiella v. Arashi

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 1993
192 A.D.2d 403 (N.Y. App. Div. 1993)

Opinion

April 15, 1993

Appeal from the Supreme Court, New York County (William J. Davis, J.).


This is an action by a law firm to recover a balance of legal fees from defendant-appellant and his non-appealing co-defendant wife, for representing the former in a criminal proceeding. Appellant is presently incarcerated in State prison. The order referring the issue to a Referee to hear and determine recites that the reference is pursuant to stipulation. Although plaintiff and the co-defendant wife have apparently so stipulated, appellant has not, and indeed vigorously objects thereto. Since this order, purportedly issued under CPLR 4317 (a), lacks the essential jurisdictional predicate of appellant's consent, it must be vacated (McCormack v McCormack, 174 A.D.2d 612; Haibi v Haibi, 171 A.D.2d 842; Sternberg v Sternberg, 88 A.D.2d 950).

Concur — Sullivan, J.P., Carro, Wallach and Kupferman, JJ.


Summaries of

Litman, Asche, Lupkin Gioiella v. Arashi

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 1993
192 A.D.2d 403 (N.Y. App. Div. 1993)
Case details for

Litman, Asche, Lupkin Gioiella v. Arashi

Case Details

Full title:LITMAN, ASCHE, LUPKIN GIOIELLA, Respondent, v. EDWARD ARASHI, Appellant…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 15, 1993

Citations

192 A.D.2d 403 (N.Y. App. Div. 1993)
596 N.Y.S.2d 371

Citing Cases

Johnson v. Streich-McConnell

sly modified on the law by vacating the second decretal paragraph and the second ordering paragraph and as…

Gershon v. Cunningham

A J.H.O. derives authority through an order of reference from the court ( see CPLR 4311), and an order of…