Opinion
05-08-2024
Giora NEEMAN, et al., appellants, v. Rita Zelda SMITH, etc., et al., defendants; Catania, Mahon & Rider, PLLC, nonparty-respondent.
Judd R. Spray, New York, NY, for appellants. Catania, Mahon & Rider, PLLC, New-burgh, NY (Joseph G. McKay of counsel), nonparty-respondent pro se.
Judd R. Spray, New York, NY, for appellants.
Catania, Mahon & Rider, PLLC, New-burgh, NY (Joseph G. McKay of counsel), nonparty-respondent pro se.
COLLEEN D. DUFFY, J.P., PAUL WOOTEN, LARA J. GENOVESI, HELEN VOUTSINAS, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for trespass and for injunctive relief, the plaintiffs appeal from (1) an order of the Supreme Court, Orange County (Robert A. Onofry, J.), dated July 17, 2020, and (2) an order of the same court dated June 14, 2021. The order dated July 17, 2020, insofar as appealed from, granted those branches of the motion of nonparty Catania, Mahon & Rider, PLLC, which were for leave to withdraw as counsel for the plaintiffs, to impose a charging lien for legal services rendered to the plaintiffs, and, in effect, for an inquest to fix the amount of the charging lien, and granted that nonparty’s application to impose a retaining lien on the plaintiffs’ file. The order dated June 14, 2021, denied the plaintiffs’ motion for leave to renew their opposition to those branches of the motion of nonparty Catania, Mahon & Rider, PLLC, which were for leave to withdraw as counsel for the plaintiffs and to impose a charging lien and that nonparty’s application to impose a retaining lien on the plaintiffs’ file.
ORDERED that the appeals are dismissed, without costs or disbursements.
The appeals must be dismissed because the portions of the order dated July 17, 2020, appealed from and the order dated June 14, 2021, were superseded by a judgment of the same court entered June 13, 2022 (see Christopulos v. Christopulos, 209 A.D.3d 970, 175 N.Y.S.3d 732). The issues raised on the appeals from the orders are brought up for review and have been considered on the related appeal from the judgment (see Neeman v. Smith, — A.D.3d —, — N.Y.S.3d —, 2024 WL 2035513 [Appellate Division Docket No. 2022-05668; decided herewith]).
DUFFY, J.P., WOOTEN, GENOVESI and VOUTSINAS, JJ., concur.