Rainbow Hill Homeowners Association, Inc. v Gigante, Inc.

Rainbow Hill Homeowners Assn., Inc. v Gigante, Inc. 2006 NY Slip Op 06327 [32 AD3d 532] August 29, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 11, 2006

Rainbow Hill Homeowners Association, Inc., Respondent,
v
Gigante, Inc., Appellant. (Matter No. 1.) In the Matter of Rainbow Hill Homeowners Association, Inc., Respondent, v Gigante, Inc., Appellant. (Matter No. 2.)

—[*1]In an action, inter alia, for a judgment declaring the expiration date of the parties' lease, and in a related summary holdover proceeding, inter alia, to evict the defendant from the subject premises, which was transferred to the Supreme Court, Richmond County, from the Civil Court, Richmond County, Gigante, Inc., appeals, by permission, from an order of the Supreme Court, Richmond County (Straniere, J.), dated June 28, 2005, which, sua sponte, inter alia, disqualified its attorney in both the action and the summary holdover proceeding.

Ordered that the order is affirmed, with costs.

Under the circumstances at bar, we conclude that the court properly, inter alia, disqualified the appellant's attorney (see Cardinale v Golinello, 43 NY2d 288 [1977]; Kheel v Continental Baking Co., 219 AD2d 846 [1995]; Matter of Walden Fed. Sav. & Loan Assn. v Village of Walden, 212 AD2d 718 [1995]). Miller, J.P., Ritter, Goldstein and Lunn, JJ., concur.