| Boddie-Willis v Marziliano |
| 2010 NY Slip Op 08689 [78 AD3d 978] |
| November 23, 2010 |
| Appellate Division, Second Department |
| Aisha Boddie-Willis, Plaintiff, v Michael Marziliano,Defendant. Harold Chetrick, P.C., Nonparty Appellant; Cascione, Galluzzi, LLC, NonpartyRespondent. |
—[*1] Cascione Galluzzi, LLC, New York, N.Y. (Thomas G. Cascione of counsel), nonpartyrespondent pro se.
In an action to recover damages for personal injuries, Harold Chetrick, P.C., the plaintiff'soutgoing attorney, appeals from an order of the Supreme Court, Westchester County (Lefkowitz,J.), entered March 22, 2010, which granted that branch of the motion of Cascione Galluzzi, LLC,the plaintiff's incoming attorney, which was to apportion attorney's fees to the extent of awardingCascione Galluzzi, LLC, the sum of $6,000, and awarding it the sum of only $2,137.91.
Ordered that the order is affirmed, with costs.
Under the particular circumstances of this case, the Supreme Court providently exercised itsdiscretion in granting that branch of the motion of Cascione Galluzzi, LLC, the plaintiff'sincoming attorney, which was to apportion attorney's fees in this case, to the extent of awardingCascione Galluzzi, LLC, the sum of $6,000, and awarding Harold Chetrick, P.C. (hereinafterChetrick), the sum of $2,137.91, without conducting a hearing. The evidence submitted by theattorneys in support of their respective positions provided the Supreme Court with a sufficientbasis to render its determination (see Matter of DeLorenzo v Perlman, 304 AD2d 827,827-828 [2003]; Melendez v Barbulescu, 228 AD2d 420, 421 [1996]; Rondinelli vYabuki, 224 AD2d 404 [1996]).
As opposed to Chetrick's contention that the Supreme Court improperly apportionedattorney's fees without first conducting a hearing, its contention that the actual manner in whichthe Supreme Court apportioned the attorney's fees constituted an improvident exercise ofdiscretion is not properly before this Court, since it was raised for the first time on appeal in itsreply brief (see Gartner v UnifiedWindows, Doors & Siding, Inc., 68 AD3d 815, 816 [2009]). Covello, J.P., Dickerson,Belen and Lott, JJ., concur.