Opinion
2001-03699
Submitted September 19, 2002.
October 7, 2002.
In an action to recover damages for personal injuries, Louis C. Fiabane, the plaintiff's former attorney, appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated March 29, 2001, which granted the motion of the plaintiff's current attorney, Roberta D. Asher, to confirm the report of a Judicial Hearing Officer, dated January 19, 2001, which recommended that he be awarded only five percent of the total attorney's fee in the underlying action.
Louis C. Fiabane, New York, N.Y., nonparty-appellant pro se.
Asher Associates, P.C., Staten Island, N.Y. (Roberta D. Asher, pro se, of counsel), for nonparty-respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Judicial Hearing Officer's determination is supported by the record. Consequently, the Supreme Court properly granted the motion of the nonparty-respondent to confirm the report (see Mondello v. Mondello, 253 A.D.2d 861).
The appellant's remaining contention is without merit.
ALTMAN, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
Motion by the nonparty-respondent on an appeal from an order of the Supreme Court, Kings County, dated March 29, 2001, inter alia, to dismiss the appeal on the ground that it has been rendered academic. By decision and order of this court, dated May 3, 2002, that branch of the motion which was to dismiss the appeal was held in abeyance and referred to the Justices hearing the appeal for determination upon the argument or submission thereof.
DECISION ORDER ON MOTION
Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the submission of the appeal, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied.
ALTMAN, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.