Ungaro v. Zampolli

Summary

The Appellate Division, First Department affirmed orders denying Paolo Zampolli’s exemption claims, directing financial institutions to release funds toward satisfaction of a money judgment, and awarding counsel fees to nonparty respondent Aronson Mayefsky & Sloan, LLP. The court held that Zampolli had not properly sought to vacate the underlying interim fee order or judgment and that the merits of those orders were not properly before the court. It also upheld the denial of the exemption claims under CPLR 5222-a(b)(4)(c).

Holdings

1. Defendant was not entitled to review or vacatur of the underlying interim fee order and corresponding money judgment because he failed to cross-move for that relief when the exemption motion was made and did not appeal from the order or judgment.
2. Defendant and plaintiff could not, by their own agreement, vacate or modify a court order affecting the rights of Aronson Mayefsky & Sloan, LLP, particularly where the agreement was not presented to or signed by the motion court.
3. Supreme Court properly denied defendant's exemption claims because his submissions were insufficient under CPLR 5222-a(b)(4)(c) to demonstrate that the funds were exempt.
4. The award of counsel fees to Aronson Mayefsky & Sloan, LLP was not overturned, and defendant was not entitled to a hearing because he advanced no supporting argument and the record did not show that he requested a hearing.

Questions Presented

1. Whether defendant could obtain review or vacatur of the underlying interim fee order and corresponding money judgment when he failed to cross-move for that relief and did not appeal from the order or judgment.
2. Whether defendant and plaintiff could vacate or modify a court order affecting the rights of a nonparty through their own agreement without court approval or signature.
3. Whether Supreme Court properly denied defendant's exemption claims under CPLR 5222-a(b)(4)(c).
4. Whether the award of counsel fees to the nonparty should be overturned or remanded for a hearing.

Disposition

affirmed