NIAGARA MOHAWK POWER CORPORATION v. Kenmore Town of Tonawanda Union Free School District and County of Erie, Intervenors-Respondents.  (Appeal No. 1.) (1997)

 Supreme Court erred in granting the motion of respondents to disqualify counsel for petitioner in various tax certiorari proceedings.   The party seeking to disqualify an attorney or law firm must establish that there was a prior attorney-client relationship and that the former and current representations are both adverse and substantially related (Solow v. W.R. Grace & Co., 83 N.Y.2d 303, 308, 610 N.Y.S.2d 128, 632 N.E.2d 437;  Cardinale v. Golinello, 43 N.Y.2d 288, 295-296, 401 N.Y.S.2d 191, 372 N.E.2d 26).   Although respondents met the first prong of the test, they failed to establish that the former and current representations are substantially related.   Attorney Brennan's representation of respondents in a tax certiorari proceeding initiated by petitioner in 1975 was brief and limited in nature.   Additionally, it is not disputed that the current litigation involves a different appraisal, appraiser, Town assessor and Town attorney.   There is no proof that Brennan “acquired any confidential information during the prior representation” and, under the circumstances, “there is no realistic possibility that confidences were disclosed” that would be relevant to the current litigation (CNY Mech. Assocs. v. Fidelity and Guar. Ins. Co., 229 A.D.2d 950, 646 N.Y.S.2d 483;  see also, Millar El. Indus. v. 421 Port Assocs., 228 A.D.2d 272, 644 N.Y.S.2d 33).   Respondents have merely alleged that Brennan obtained confidential information, without specifying the nature of that information or how it would bear on the issues in the current litigation (see, Yasuda Trust & Banking Co. [New York Branch] v. 250 Church Assocs., 206 A.D.2d 259, 260, 614 N.Y.S.2d 411;  Lightning Park v. Wise Lerman & Katz, 197 A.D.2d 52, 55, 609 N.Y.S.2d 904).

Order reversed on the law without costs and motion denied.

MEMORANDUM:

All concur, WESLEY, J., not participating.