Opinion
April 12, 1999
Appeal from the Supreme Court, Nassau County (Winslow, J.).
Ordered that the appeal from so much of the order as denied the appellant's motion to be relieved as counsel in Action No. 1 and granted that branch of the cross motion which was to consolidate Action No. 1 with Action No. 2 is dismissed as academic; and it is further,
Ordered that the order is otherwise affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
The action to recover legal fees for services rendered in the medical malpractice action was properly dismissed since, at the time the order appealed from was issued, the medical malpractice action was still pending, the appellant was still the attorney of record in the medical malpractice action, and the appellant had agreed to represent the respondent in the medical malpractice action on a contingent fee basis ( cf., Mahan v. Mahan, 213 A.D.2d 458).
Subsequent to entry of the order appealed from, the medical malpractice action was dismissed, rendering the appellant's remaining contentions academic ( see, Perez v. Perez, 239 A.D.2d 868).
Mangano, P. J., Bracken, Krausman and Goldstein, JJ., concur.