Part II  of this column continues the appellate rebuke of judges who deliberately frustrate the statutory right of aggrieved parties to take an appeal by refusing to sign their names to orders they have issued. In Charalabidis v. Elnagar, 188 A.D.3d 44 (2d Dept. 2020), a scholarly exegesis written by Justice Mark Dillon, the Second Department not only applied the case law discussed in Part I of this column, but also added depth to the analysis by way of an extensive review of CPLR 2219.

‘Charalabidis’

Facts. Defendants, in Charalabidis, moved, pursuant to former Code of Professional Responsibility DR 5-105(a) (22 NYCRR 1200.24[a]), to disqualify plaintiffs’ counsel because of a conflict of interest attributable to counsel’s simultaneous representation of the plaintiff-driver and her two plaintiff-passengers. That the nature of the relief sought by defendants’ was neither argued and preserved by plaintiffs, nor addressed and dismissed, sua sponte, by the Supreme Court or the Appellate Division on the grounds of the “general prohibition on one litigant raising the legal rights of another” Socy. of Plastics Indus., Inc. v. County of Suffolk, 77 NY2d 761, 773 (1991); Matter of In re World Trade Ctr. Lower Manhattan Disaster Site Litig., 30 NY3d 377, 408 (2017), is beyond the scope of this article.

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