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MATTER OF CANTOR FITZGERALD & CO. v. PRITCHARD

10334N, 650280/12, 10335N.

107 A.D.3d 476 (2013)

967 N.Y.S.2d 336

2013 NY Slip Op 4294

In the Matter of CANTOR FITZGERALD & CO., Respondent, v. ANDREW PRITCHARD, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 11, 2013.

The record is devoid of any evidence that Mr. O'Rourke misrepresented any facts to the motion court. Therefore, the court abused its discretion in, sua sponte, revoking his pro hac vice status (see J.G. Wentworth S.S.C. Ltd. Partnership v Serio, 33 A.D.3d 761, 761-762 [2d Dept 2006]; see also Perkins v Elbilia, 90 A.D.3d 543, 544 [1st Dept 2011]).

The court also abused its discretion...

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