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CALANDRIELLO v. CALANDRIELLO

32 A.D.3d 450 (2006)

819 N.Y.S.2d 569

MARY S. CALANDRIELLO, Respondent, v. FRANK CALANDRIELLO, Appellant. (Action No. 1.) MARY S. CALANDRIELLO, Respondent, v. WASHINGTON MUTUAL BANK, Defendant, and FRANK CALANDRIELLO, Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 15, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

"The disqualification of an attorney is a matter that rests within the sound discretion of the court . . . A party seeking to disqualify an adversary's lawyer under Code of Professional Responsibility DR 5-108 (a) (1) (22 NYCRR 1200.27 [a] [1]) must prove `(1) the existence of a prior attorney-client relationship between the moving party and opposing counsel, (2) that the matters involved in...

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