| Seaman v Wyckoff Hgts. Med. Ctr., Inc. |
| 2008 NY Slip Op 04857 [51 AD3d 1002] |
| May 27, 2008 |
| Appellate Division, Second Department |
| Carol T. Seaman, Appellant, v Wyckoff Heights MedicalCenter, Inc., Respondent, Joseph R. Gagliano, Jr., et al., NonpartyAppellants. |
—[*1] Kelley Drye & Warren LLP, New York, N.Y. (Barbara E. Hoey, Eric B. Post, and Damon W.Suden of counsel), for respondent.
In an action to recover damages for violation of Labor Law § 740, the plaintiff and thenonparties Joseph R. Gagliano, Jr., Law Firm of Joseph R. Gagliano, Jr., Andrew P. Karamouzis,and Moran & d'Arcambal, appeal from an order of the Supreme Court, Nassau County (Davis,J.), entered March 27, 2006, which, after a hearing, directed the nonparties to pay the defendantan attorney's fee in the sum of $17,985.
Ordered that on the Court's own motion, the appeal by the plaintiff is dismissed, as theplaintiff is not aggrieved by the order (see CPLR 5511); and it is further,
Ordered that the order is affirmed insofar as appealed from by the nonparties; and it isfurther,
Ordered that one bill of costs is awarded to the defendant.
In an order entered April 1, 2005, inter alia, the Supreme Court granted that branch of the[*2]defendant's oral application pursuant to 22 NYCRR 130-1.1which was to impose a sanction against the nonparty attorneys (hereinafter the appellants). Thatorder was affirmed by this Court (see Seaman v Wyckoff Hgts. Med. Ctr., Inc., 25 AD3d598 [2006]). This Court's determination in the first appeal that sanctions are appropriateconstitutes the law of the case, which is binding on the Supreme Court and on this Court (seeJ-Mar Serv. Ctr., Inc. v Mahoney, Connor & Hussey, 45 AD3d 809 [2007]; Fellin vSahgal, 35 AD3d 800, 802 [2006]; Quinn v Hillside Dev. Corp., 21 AD3d 406, 407[2005]; Matter of Oak St. Mgt., Inc., 20 AD3d 571 [2005]). The appellants assert nobasis for deviating from that determination (see J-Mar Serv. Ctr., Inc. v Mahoney, Connor &Hussey, 45 AD3d at 809-810; Quinn v Hillside Dev. Corp., 21 AD3d at 407;Carole A. v City of New York, 169 AD2d 800, 801 [1991]; Vanguard Tours v Townof Yorktown, 102 AD2d 868 [1984]).
The appellants' remaining contentions are without merit. Santucci, J.P., Covello, Belen andChambers, JJ., concur.