STEFANIAK v. Roberta L. Reedy, as Administrator of the Estate of Kevin M. Reedy, Deceased, Respondent. (2021)

Court of Appeals of New York.

Dawn STEFANIAK, Plaintiff, v. NFN ZULKHARNAIN, Appellant. Roberta L. Reedy, as Administrator of the Estate of Kevin M. Reedy, Deceased, Respondent.

No. 48 SSM 6

Decided: April 29, 2021

Michael A. Rosenhouse, Rochester, for appellant. Respondent precluded.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), February 2020 order of the Appellate Division insofar as appealed from and July 2014 order of the same court insofar as brought up for review, reversed, with costs, and motion for an award of attorney's fees against defendant denied. Under the circumstances here, the attorney's motion to be appointed, nunc pro tunc, pursuant to 22 NYCRR 36.2(b)(2), should have been denied (see generally Gletzer v. Harris, 12 N.Y.3d 468, 476, 882 N.Y.S.2d 386, 909 N.E.2d 1224 [2009]).

Chief Judge DiFiore and Judges Rivera, Stein, Garcia and Wilson concur. Judge Fahey took no part.

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