Christopulos v. Christopulos

209 A.D.3d 970

175 N.Y.S.3d 732 (Mem)

Gregory CHRISTOPULOS, respondent,

v.Katherine CHRISTOPULOS, etc., et al., defendants,Nicholas Spyreas, appellant.

2021–04425

Index No. 705015/14

Supreme Court, Appellate Division, Second Department, New York.

Submitted—September 20, 2022

October 26, 2022

Nicholas Spyreas, Greenwich, Connecticut, appellant pro se.

The Dweck Law Firm, LLP, New York, NY (Jack S. Dweck and Christopher S. Fraser of counsel), for respondent.

MARK C. DILLON, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, HELEN VOUTSINAS, JJ.

DECISION & ORDER

In an action, inter alia, for an accounting and to cancel a notice of mechanic's lien, the defendant Nicholas Spyreas appeals from an order of the Supreme Court, Queens County (Frederick D.R. Sampson, J.), dated June 14, 2021. The order granted the plaintiff's application for an award of attorneys’ fees from the defendants Nicholas Spyreas and Brownstone Restoration, Inc., in the sum of $16,952.25.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed because the order appealed from was superseded by a money judgment of the same court dated November 26, 2021 (see Matter of JPMorgan Chase Bank, N.A. v. Smith, 188 A.D.3d 1214, 1214–1215, 137 N.Y.S.3d 122 ). The issues raised on the appeal from the order dated June 14, 2021, are brought up for review and have been considered on the appeal from the money judgment (see Christopulos v. Christopulos, ––– A.D.3d ––––, 175 N.Y.S.3d 73 [Appellate Division Docket No....