Christopulos v Christopulos, 2022 NY Slip Op 05985 [209 AD3d 970]

October 26, 2022

Appellate Division, Second Department

[*1]

Gregory Christopulos, Respondent,

v

Katherine Christopulos et al., Defendants, and Nicholas Spyreas, Appellant.

Nicholas Spyreas, Greenwich, Connecticut, appellant pro se.

The Dweck Law Firm, LLP, New York, NY (Jack S. Dweck and Christopher S. Fraser of counsel), for respondent.

In an action, inter alia, for an accounting and to cancel a notice of mechanic’s lien, the defendant Nicholas Spyreas appeals from an order of the Supreme Court, Queens County (Frederick D.R. Sampson, J.), dated June 14, 2021. The order granted the plaintiff’s application for an award of attorneys’ fees from the defendants Nicholas Spyreas and Brownstone Restoration, Inc., in the sum of $16,952.25.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed because the order appealed from was superseded by a money judgment of the same court dated November 26, 2021 ( see Matter of JPMorgan Chase Bank, N.A. v Smith , 188 AD3d 1214 , 1214-1215 [2020]). The issues raised on the appeal from the order dated June 14, 2021, are brought up for review and have been considered on the appeal from the money judgment ( see Christopulos v Christopulos , 209 AD3d 971 [2022] [decided herewith]). Dillon, J.P., Chambers, Maltese and Voutsinas, JJ., concur..