Stefaniak v Zulkharnain, 36 NY3d 1103 (2021)

2021 NY Slip Op 02585 [36 NY3d 1103]
April 29, 2021
Court of Appeals

[*1]

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

Decided April 29, 2021

Stefaniak v Zulkharnain, 180 AD3d 1366, reversed.

{**36 NY3d at 1103} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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 taking no part.