Kantrowitz, Goldhamer & Graifman, P.C., appellant, v. Cindy Ann Ayrovainen, also known as Cindy Ann Lauder, respondent.

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

Kantrowitz, Goldhamer & Graifman, P.C., appellant, v. Cindy Ann Ayrovainen, also known as Cindy Ann Lauder, respondent.

2014–00329 (Index No. 33057/12)

Decided: November 26, 2014

PETER B. SKELOS, J.P. THOMAS A. DICKERSON CHERYL E. CHAMBERS SANDRA L. SGROI, JJ. Kantrowitz, Goldhamer & Graifman, P.C., Chestnut Ridge, N.Y. (Reginald H. Rutishauser of counsel), appellant pro se. Karen Winner, New York, N.Y., for respondent.

Argued—October 27, 2014

DECISION & ORDER

In an action to recover unpaid legal fees, the plaintiff appeals, by permission, from so much of an order of the Supreme Court, Rockland County (Walsh II, J.), dated January 9, 2014, as, sua sponte, disqualified attorney Barry Kantrowitz from representing the plaintiff in this action.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly disqualified attorney Barry Kantrowitz from representing the plaintiff in this action, for the reasons stated in a companion appeal (see Lauder v. Goldhamer, _ AD3d _ [decided herewith] ).   Further, it was a proper exercise of discretion for the Supreme Court to disqualify Kantrowitz, sua sponte, based upon its finding in the related action involving the same parties (see Flushing Sav. Bank v. FSB Props., 105 A.D.2d 829, 830).

SKELOS, J.P., DICKERSON, CHAMBERS and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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