LEONARD ENGLERT AND YVONNE ENGLERT PLAINTIFFS RESPONDENTS v. GERALD SCHAFFER JR ESQ STEVEN BARNES ESQ INDIVIDUALLY AND DOING BUSINESS AS THE BARNES FIRM AS SUCCESSORS IN INTEREST TO CELLINO BARNES AND ROSS CELLINO INDIVIDUALLY AND AS PARTNER IN THE LAW FIRM OF CELLINO BARNES DEFENDANTS APPELLANTS (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

LEONARD M. ENGLERT AND YVONNE ENGLERT, PLAINTIFFS-RESPONDENTS, v. GERALD W. SCHAFFER, JR., ESQ., STEVEN BARNES, ESQ., INDIVIDUALLY AND DOING BUSINESS AS THE BARNES FIRM, AS SUCCESSORS IN INTEREST TO CELLINO & BARNES, AND ROSS CELLINO, INDIVIDUALLY AND AS A PARTNER IN THE LAW FIRM OF CELLINO & BARNES, DEFENDANTS-APPELLANTS.

CA 09-01598

Decided: February 11, 2010

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

MARK R. UBA, WILLIAMSVILLE (CHRISTINE UBA OF COUNSEL), FOR DEFENDANTS-APPELLANTS. BURKE AND BURKE, ROCHESTER (PATRICK J. BURKE OF COUNSEL), AND S. ROBERT WILLIAMS, PLLC, SYRACUSE, FOR PLAINTIFFS-RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Defendants appeal from that part of an order that denied their cross motion seeking to disqualify plaintiffs' attorneys from jointly representing plaintiffs. Even assuming, arguendo, that defendants have standing to bring the motion (see Lake v. Kaleida Health, 60 AD3d 1469; Maxon v. Woods Oviatt Gilman LLP, 45 AD3d 1376), we conclude that defendants are not aggrieved by Supreme Court's denial of their cross motion, and the appeal therefore must be dismissed (see CPLR 5511).

Patricia L. Morgan

Clerk of the Court

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