Douglas C. Manditch, appellant, v Devon Manditch, respondent. v. << (2012)

Argued—January 17, 2012

DECISION & ORDER

In an action for a divorce and ancillary relief, the plaintiff appeals form an order of the Supreme Court, Suffolk County (Quinn, J.), dated March 18, 2011, which denied his motion to disqualify the defendant's counsel.

ORDERED that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion to disqualify the defendant's counsel is granted.

The plaintiff in this matrimonial action sought to disqualify the law firm representing the defendant from continuing to represent the defendant after a former Justice presiding over the case became a non-equity partner at that law firm.   The Supreme Court denied the plaintiff's motion, and he appeals.

While “[t]he disqualification of an attorney is a matter that rests within the sound discretion of the Supreme Court” (Falk v. Gallo, 73 AD3d 685), under the facts of this case, including that the law firm representing the defendant did not comply with the notice requirements of the Rules of Professional Conduct (22 NYCRR 1200.0) rule 1.12(d), the Supreme Court improvidently exercised its discretion in denying the plaintiff's motion (see Matter of Essex Equity Holdings USA, LLC [Lehman Bros. Inc.], 29 Misc.3d 371).

SKELOS, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court