Opinion
February 26, 1996
Appeal from the Supreme Court, Richmond County (Marrero, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The nonparty appellant, a suspended attorney, commenced an action in the Civil Court of the City of New York, New York County, to recover counsel fees that arose out of this matrimonial action, which is pending in Supreme Court, Richmond County. Under these circumstances, the transfer of the action to recover counsel fees to the Supreme Court, Richmond County, was proper (see, 22 NYCRR 691.10 [b]; see also, 22 NYCRR 603.13 [b]). Santucci, J.P., Krausman, Goldstein and Florio, JJ., concur.