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MISSIONARY SISTERS, INC. C/O HALSTEAD MGMT. CO., LLC, pet-land-app, v. VIVIEN FAUERBACH, res-tent-res -AND- “JOHN DOE,” AND/OR “JANE DOE,” res-und

16-147/148. MISSIONARY SISTERS, INC. C/O HALSTEAD MGMT. CO., LLC, pet-land-app, v. VIVIEN FAUERBACH, res-tent-res -AND- "JOHN DOE," AND/OR "JANE DOE," res-und — Order (Cheryl J. Gonzales, J.), dated August 28, 2015, modified, to deny tenant's motion to disqualify landlord's attorney and to provide that the suppression of documents is without prejudice; as modified, order affirmed, without costs. Appeal from order (Cheryl J. Gonzales, J.), dated March 13, 2015, dismissed, without costs, as superseded by the appeal from the August 28, 2015 order.

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16-147/148. MISSIONARY SISTERS, INC. C/O HALSTEAD MGMT. CO., LLC, pet-land-app, v. VIVIEN FAUERBACH, res-tent-res -AND- “JOHN DOE,” AND/OR “JANE DOE,” res-und — Order (Cheryl J. Gonzales, J.), dated August 28, 2015, modified, to deny tenant’s motion to disqualify landlord’s attorney and to provide that the suppression of documents is without prejudice; as modified, order affirmed, without costs. Appeal from order (Cheryl J. Gonzales, J.), dated March 13, 2015, dismissed, without costs, as superseded by the appeal from the August 28, 2015 order.

We concur with Civil Court’s expression of severe disapproval of the practice employed by landlord’s counsel, who informally requested and obtained documents directly from the then-unrepresented, 86-year old tenant during the pendency of this holdover proceeding, without any judicial oversight (see CPLR 408). Counsel’s conduct is particularly troubling, since his lawfirm has been sanctioned on other occasions for conduct “at variance with acceptable discovery practice” (Henriques v. Boitano, 6 Misc 3d 129[A], 2000 NY Slip Op 50004[U] [App Term, 1st Dept 2000]; see Nagel v. Grayson, 24 Misc 3d 476 [Civ Ct, New York Co 2009]; Matter of Brussels Leasing Ltd. Partnership v. Henne, 174 Misc 2d 535 [Sup Ct, Queens Co 1997], app dismissed 256 AD2d 406 [1998]).

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