Stefaniak v Zulkharnain

Stefaniak v Zulkharnain 2021 NY Slip Op 02585 Decided on April 29, 2021 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 29, 2021
No. 46 SSM 6

[*1]Dawn Stefaniak, Plaintiff,

v

NFN Zulkharnain, Appellant. Roberta L. Reedy, as Administrator of the Estate of Kevin M. Reedy, Deceased, Respondent.

Submitted by Michael A. Rosenhouse, for appellant. Respondent precluded.

On review of submissions pursuant to section 500.11 of the Rules, February 2020 order of the Appellate Division insofar as appealed from and July 2014 order of the same court insofar as brought up for review, reversed, with costs, and motion for an award of attorney's fees against defendant denied. Under the circumstances here, the attorney's motion to be appointed, nunc pro tunc, pursuant to 22 NYCRR 36.2 (b) (2), should have been denied (see generally Gletzer v Harris, 12 NY3d 468, 476 [2009]). Chief Judge DiFiore and Judges Rivera, Stein, Garcia and Wilson concur. Judge Fahey took no part.

Decided April 29, 2021