HAMILTON EQUITY GROUP, LLC v. JUAN E. IRENE, PLLC

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1038 CA 12-00609 PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, AND CARNI, JJ. HAMILTON EQUITY GROUP, LLC, AS ASSIGNEE OF HSBC BANK USA, NATIONAL ASSOCIATION, PLAINTIFF-RESPONDENT, V ORDER JUAN E. IRENE, PLLC, ET AL., DEFENDANTS, AND JUAN E. IRENE, INDIVIDUALLY AND DOING BUSINESS AS THE LAW OFFICE OF JUAN E. IRENE, ESQ., DEFENDANT-APPELLANT. (APPEAL NO. 1.) HARRIS BEACH PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR DEFENDANT-APPELLANT. RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA LLC, BUFFALO (CHARLES D.J. CASE OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered May 31, 2011. The order, insofar as appealed from, granted that part of plaintiff’s motion seeking summary judgment against defendant Juan E. Irene, individually and doing business as The Law Office of Juan E. Irene, Esq., in the amount of $124,984.37, plus interest, costs, disbursements and attorneys’ fees. It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567; see also 5501 [a] [1]). Entered: December 28, 2012 Frances E. Cafarell Clerk of the Court