BROTON v. Steven Williams, Individually and in His Capacity as Investigative Consultant to Onondaga County Board of Ethics, Defendant-Appellant. (2024)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Steven Williams (defendant), individually and in his capacity as investigative consultant to Onondaga County Board of Ethics, appeals from an order denying his motion to disqualify plaintiff's attorneys from further representation of plaintiff in this action. Defendant sought to disqualify plaintiff's attorneys on the ground that they were interested witnesses whose testimony would be necessary and relevant to the action. We conclude that defendant failed to meet his “burden of making ‘a clear showing that disqualification is warranted’ ” (Lake v. Kaleida Health, 60 A.D.3d 1469, 1470, 876 N.Y.S.2d 800 [4th Dept. 2009]; see S & S Hotel Ventures Ltd. Partnership v. 777 S. H. Corp., 69 N.Y.2d 437, 445, 515 N.Y.S.2d 735, 508 N.E.2d 647 [1987]), and Supreme Court thus did not abuse its discretion in denying the motion (see generally HoganWillig, PLLC v. Swormville Fire Co., Inc., 210 A.D.3d 1369, 1372-1373, 178 N.Y.S.3d 300 [4th Dept. 2022]).

We have considered defendant's remaining contention and conclude that it does not warrant modification or reversal of the order.