AYALA v. FORTALEZA

Reset A A Font size: Print

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

Domingo AYALA, et al., Plaintiffs, v. S.S. FORTALEZA, etc., et al., Defendants.

Bosco, Besignano & Mascolo, Esqs., L.L.P., Nonparty Appellant, v. Kenneth Heller, Nonparty Respondent.

Decided: May 22, 2007

TOM, J.P., MARLOW, NARDELLI, McGUIRE, JJ. Seligson, Rothman & Rothman, New York (Martin S. Rothman of counsel), for appellant. Law Office of Steven Riker, New York (Steven Riker of counsel), for respondent.

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered April 7, 2006, which, in this dispute between attorneys over division of a contingency fee earned in a maritime personal injury action, denied appellant's motion to dismiss the claims of misconduct against it by respondent, referred the matter to a Judicial Hearing Officer for a sanctions hearing, and declined to permit appellant to withdraw certain funds without it posting a bond therefor, unanimously affirmed, with costs.

 Appellant, which never appealed from or otherwise challenged certain orders by a Supreme Court Justice, could not simply leave those orders undisturbed and then attempt, years later, to persuade another Justice of the same court to nullify them.   It is axiomatic that one judge may not review or overrule an order of another judge of co-ordinate jurisdiction in the same action or proceeding (see People v. Evans, 94 N.Y.2d 499, 503-504, 706 N.Y.S.2d 678, 727 N.E.2d 1232 [2000];  Matter of Cellamare v. Lakeman, 36 A.D.3d 905, 829 N.Y.S.2d 590 [2007] ).   The motion court appropriately refused to interfere with any prior rulings by another Justice in this matter (see Matter of Wright v. County of Monroe, 45 A.D.2d 932, 357 N.Y.S.2d 330 [1974] ).