Scardace v. Mid Island Hospital, Inc.

Appellate Division of the Supreme Court of New York

Scardace v. Mid Island Hospital, Inc.

71 A.D.3d 1117, 896 N.Y.S.2d 907

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 30, 2010

StatusPublished

This text of 71 A.D.3d 1117 (Scardace v. Mid Island Hospital, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scardace v. Mid Island Hospital, Inc., 71 A.D.3d 1117, 896 N.Y.S.2d 907 (N.Y. Ct. App. 2010).

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Opinion

In an action, inter alia, to recover damages for discrimination and hostile work environment pursuant to Executive Law § 296, the plaintiffs’ outgoing counsel, Cary Scott Goldinger, appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated January 21, 2009, which, in effect, granted his unopposed application to fix his attorney’s fee, for a recovery in quantum meruit, and for a charging lien against the plaintiffs only to the extent of awarding him a charging lien against the plaintiffs in the sum of $37,150.

Ordered that, on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed, with costs.

We find, under the peculiar circumstances of this case, that the Supreme Court’s determination to grant the unopposed application of the nonparty-appellant only to the extent of awarding him a charging lien against the plaintiffs in the sum of $37,150 was not an improvident exercise of discretion (see DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881-882 [1987]; Matter of Philip Irwin Aaron, P.C. v Parisi TTEE Parisi Enters. Inc., Profit Sharing Trust, 240 AD2d 671 [1997]). Dillon, J.P., Miller, Balkin, Leventhal and Austin, JJ., concur.

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In an action, inter alia, to recover damages for discrimination and hostile work environment pursuant to Executive Law § 296, the plaintiffs’ outgoing counsel, Cary Scott Goldinger, appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated January 21, 2009, which, in effect, granted his unopposed application to fix his attorney’s fee, for a recovery in quantum meruit, and for a charging lien against the plaintiffs only to the extent of awarding him a charging lien against the plaintiffs in the sum of $37,150.

Ordered that, on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed, with costs.

We find, under the peculiar circumstances of this case, that the Supreme Court’s determination to grant the unopposed application of the nonparty-appellant only to the extent of awarding him a charging lien against the plaintiffs in the sum of $37,150 was not an improvident exercise of discretion (see DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881-882 [1987]; Matter of Philip Irwin Aaron, P.C. v Parisi TTEE Parisi Enters. Inc., Profit Sharing Trust, 240 AD2d 671 [1997]). Dillon, J.P., Miller, Balkin, Leventhal and Austin, JJ., concur.

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Bluebook (online)

71 A.D.3d 1117, 896 N.Y.S.2d 907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scardace-v-mid-island-hospital-inc-nyappdiv-2010.

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