Opinion
February 13, 1996
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the appeal from so much of the order dated September 13, 1994, as denied the branch of the defendant's cross motion which was for reargument is dismissed since no appeal lies from an order denying reargument; and it is further,
Ordered that the orders are affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs.
We agree with the Supreme Court that the defendant, an attorney who has been suspended from the practice of law, has no right to enforce a retaining lien on the files of the plaintiff, a former client (see, Capoccia v. Brognano, 126 A.D.2d 323).
The Supreme Court properly denied the defendant's cross motion to transfer this action to the Supreme Court, New York County, and to consolidate it with another action that the defendant had commenced in that court (see, Cassel v. Koether, 90 A.D.2d 785). Moreover, since the plaintiff is a corporation and its principal office is in Nassau County, venue in that county is proper (see, CPLR 503 [c]; Conway v. Gateway Assocs., 166 A.D.2d 388).
There is no basis to disturb the Supreme Court's orders holding the defendant in contempt of court for failing to return all of the plaintiff's files in his possession (see, McCain v. Dinkins, 84 N.Y.2d 216). The defendant was personally served with copies of the orders upon which the contempt findings were based. Thus, he had notice of those orders (see, Yorktown Cent. School Dist. v Yorktown Congress of Teachers, 42 A.D.2d 422, 424). Moreover, a hearing was not required to hold the defendant in contempt (see, Bell v. Bell, 181 A.D.2d 978).
We have reviewed the defendant's remaining contentions and find that they are without merit. Mangano, P.J., Bracken, Copertino, Joy and Altman, JJ., concur.