Opinion
October 22, 1990
Appeal from the Supreme Court, Queens County (Katz, J.).
Ordered that the appeal from the order dated September 20, 1989, is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order dated August 14, 1989 is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
Contrary to the plaintiffs' contention, we find that the court properly exercised its discretion (see, Matter of Reichenbaum v Reichenbaum Silberstein, 162 A.D.2d 599; Schmidt v. Magnetic Head Corp., 101 A.D.2d 268, 277) to disqualify the plaintiffs' counsel from representing them in these actions because of a conflict of interest and the appearance of impropriety (see, Greene v. Greene, 47 N.Y.2d 447, 455; Heelan v. Lockwood, 143 A.D.2d 881, 883; Burton v. Burton, 139 A.D.2d 554; Seeley v. Seeley, 129 A.D.2d 625, 626; Nemet v. Nemet, 112 A.D.2d 359, 360; Matter of Hof, 102 A.D.2d 591, 595). Brown, J.P., Kunzeman, Eiber and Balletta, JJ., concur.