Kennedy Plaza, LLC v Powell

[*1] Kennedy Plaza, LLC v Powell 2006 NY Slip Op 50355(U) [11 Misc 3d 132(A)] Decided on March 9, 2006 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 9, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ
.

Kennedy Plaza, LLC, Appellant,

against

Alisa Powell, Respondent. MARVIN ROSE, ESQ., Non-Party Appellant. KENNEDY PLAZA, LLC, Appellant, REDMON PATTERSON, Respondent. MARVIN ROSE, ESQ., Non-Party Appellant. KENNEDY PLAZA, LLC, Appellant, MICHAEL IBE, Respondent. MARVIN ROSE, ESQ., Non-Party Appellant. KENNEDY PLAZA, LLC, Appellant, CEDRIC MILLINER, Respondent.

[*2]MARVIN ROSE, ESQ., Non-Party Appellant. KENNEDY PLAZA, LLC, Appellant, RICHARD CARTER and DENEISHA FAIRLOUGH, Respondents. MARVIN ROSE, ESQ., Non-Party Appellant. HERITAGE EAST-WEST, LLC, Appellant, CHI WON CHUNG and CHANG CHOI, Respondents. MARVIN ROSE, ESQ., Non-Party Appellant.

Consolidated appeals from an order of the Civil Court of the City of New York, Queens County (Pam B. Jackman-Brown, J.), dated November 5, 2004. The order, in six nonpayment proceedings consolidated for disposition, imposed sanctions, after a hearing, of $1,000 per proceeding upon landlords' attorney, non-party appellant Marvin Rose, Esq.

Appeals dismissed.

In each of these six nonpayment proceedings, the Housing Court sua sponte imposed sanctions of $1,000 upon landlords' attorney, non-party appellant Marvin Rose, Esq., for filing non-military affidavits which the court found to be false. In each proceeding, the landlord and the non-party appellant filed notices of appeal from the order. The appeals by the landlords must be dismissed because landlords are not aggrieved by the order imposing sanctions upon their attorney (CPLR 5511; Scopelliti v Town of New Castle, 92 NY2d 944 [1988]; Precise Court Reporting, Inc. v Karten, 6 AD3d 412 [2004]). The appeals by the non-party appellant are dismissed because no appeal as of right lies from such a sua sponte order (Sholes v Meagher, 100 NY2d 333 [2003]). Non-party appellant's remedy, if he be so advised, is to move in the court below to vacate the sua sponte order and appeal as of right if that motion is denied. We decline to grant leave to appeal at this juncture because the arguments sought to be raised — which appear to at least partly undermine the basis for the court's finding that the [*3]affidavits were false — should be addressed to the court below in the first instance.

Weston Patterson, J.P., Golia and Belen, JJ., concur.
Decision Date: March 9, 2006