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165 Eileen Way, Suite 101
Syosset, New York 11791
Seth D. Weinberg, Esq.
T. (516) 921-3838
F. (516) 921-3824
ATTORNEYS AT LAW
E. Seth@nyfclaw.com
ALAN WEINREB, ESQ. C. LANCE MARGOLIN, ESQ. CYNTHIA A. NIERER, ESQ. www.nyfclaw.com
August 10, 2022
VIA NYSCEF
Hon. Judge Lawrence S. Knipel
Kings County Supreme Court
360 Adams Street
Brooklyn, New York 11201
Re: Solange Capital, LLC v. Sharon Boone, et. al.
Kings Co. Index No.: 13009/2013
Response To Letter Filed By Alice A. Nicholson, Esq. on August 4, 2020
Concerning Disbarment of Andre Soleil, Esq.
Dear Judge Knipel,
We represent the Plaintiff Solange Capital, LLC (“Plaintiff”) in the above referenced matter. We
write in response to the August 4, 2022 letter (the “Letter”) filed by purported interested party
attorney, Alice A. Nicholson, Esq. (“Ms. Nicholson”). See NYSCEF Dkt. Nos.: 9 – 13. In the
Letter, Ms. Nicholson “advises” this Court that the instant action has allegedly been stayed
pursuant to CPLR § 321(c) since May 29, 2019 because of the disbarment of Andre Soleil, Esq.
See id.
CPLR § 321(c) states the following concerning the death, removal or disability of an attorney:
If an attorney dies, becomes physically or mentally incapacitated, or is removed,
suspended or otherwise becomes disabled at any time before judgment, no further
proceeding shall be taken in the action against the party for whom he appeared,
without leave of the court, until thirty days after notice to appoint another attorney
has been served upon that party either personally or in such manner as the court
directs. (emphasis added).
Here, Plaintiff obtained a Judgment of Foreclosure and Sale (the “Judgment”) dated August 22,
2017. A copy of the Judgment is annexed here to as Exhibit A. The Judgment was entered on
WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Margolin & Weinreb Law Group, LLP may be a debt collector attempting to collect a debt and any information obtained may be used
for that purpose. If you are in a pending bankruptcy proceeding, The Margolin & Weinreb Law Group, LLP will take no action, except as
allowed under the Bankruptcy Code. If you received a Chapter 7 discharge of this debt, this communication is not an attempt to collect
the debt against you personally, but is notice of a possible enforcement against the collateral property.
August 28, 2017. See id. According to the records provided to this Court by Ms. Nicholson,
Andre Soleil, Esq. was not disbarred until May 29, 2019. See NYSCEF Dkt. No.: 13.
Accordingly, no stay was/is in place pursuant to CPLR § 321(c) because the Judgment was
issued almost two (2) years before Soleil’s disbarment and CPLR § 321(c) in only applicable to
actions where disbarment occurs “at any time before judgment.” Therefore, no stay was/is in
effect as a result of Soleil’s disbarment.
In the event that this Court determines that this matter has been stayed pursuant to CPLR §
321(c) as a result of Soleil’s disbarment, which it should not, Plaintiff should still be permitted to
proceed without any additionally delay because of Ms. Nicholson’s actions.
The purpose of the stay imposed under CPLR § 321(c) is to vest the party who has lost counsel
with a reasonable opportunity to obtain new counsel before further proceedings are taken and
avoid prejudice that might conceivably arise from the absence of counsel in the interim. See
Moray v. Koven & Krause, Esqs., 15 N.Y.3d 384, 389, 912 N.Y.S.2d 547, 938 N.E.2d 980
(2010); see also Fusco v. Shailya Taxi Corp., 267 A.D.2d 86, 700 N.Y.S.2d 7 (1st Dept. 1999).
The Second Department has explicitly held that the stay should not be used as a sword against
any continuation of the action. See Wells Fargo Bank, N.A. v. Kurian, 197 A.D.3d 173, 176, 151
N.Y.S.3d 441, 444 (2d Dept. 2021).
Here, Ms. Nicholson represents to this Court that she represented Boone in her personal
Bankruptcy that was pending before the U.S. Bankruptcy Court For the Eastern District of New
York from its commencement on October 18, 2017 until its close on January 15, 2020. See In re
Sharon C. Boone, Bankruptcy Docket No.: 1-17-45391-ESS. A copy of the docket is annexed
hereto as Exhibit B Additionally, accordingly to our firm’s internal case management notes, Ms.
Nicholson appeared on behalf of Boone at the COVID-19 Status Conference conducted by this
Court on October 19, 2020. A copy of our internal case management note is annexed hereto as
Exhibit C. Finally, on July 20, 2021, Ms. Nicholson consented to representation of Boone on
NYSCEF. See the NYSCEF schedule of consent and representation annexed hereto as Exhibit
D.
Accordingly, it is clear from the record that Ms. Nicholson has been representing Boone in the
instant action since at least her appearance at the COVID-19 Status Conference that occurred on
October 19, 2020. Thus, Boone not only had a reasonable opportunity to obtain new counsel
following Soleil’s disbarment, but in fact she was utilizing Ms. Nicholson as shadow counsel.
Please let us know if you have any questions.
Respectfully,
/s/ Seth D. Weinberg
Seth D. Weinberg, Esq.
Encl:
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165 Eileen Way, Suite 101 Syosset, New York 11791 Seth D. Weinberg, Esq. T. (516) 921-3838 F. (516) 921-3824 ATTORNEYS AT LAW E. Seth@nyfclaw.com ALAN WEINREB, ESQ. C. LANCE MARGOLIN, ESQ. CYNTHIA A. NIERER, ESQ. www.nyfclaw.com August 10, 2022 VIA NYSCEF Hon. Judge Lawrence S. Knipel Kings County Supreme Court 360 Adams Street Brooklyn, New York 11201 Re: Solange Capital, LLC v. Sharon Boone, et. al. Kings Co. Index No.: 13009/2013 Response To Letter Filed By Alice A. Nicholson, Esq. on August 4, 2020 Concerning Disbarment of Andre Soleil, Esq. Dear Judge Knipel, We represent the Plaintiff Solange Capital, LLC (“Plaintiff”) in the above referenced matter. We write in response to the August 4, 2022 letter (the “Letter”) filed by purported interested party attorney, Alice A. Nicholson, Esq. (“Ms. Nicholson”). See NYSCEF Dkt. Nos.: 9 – 13. In the Letter, Ms. Nicholson “advises” this Court that the instant action has allegedly been stayed pursuant to CPLR § 321(c) since May 29, 2019 because of the disbarment of Andre Soleil, Esq. See id. CPLR § 321(c) states the following concerning the death, removal or disability of an attorney: If an attorney dies, becomes physically or mentally incapacitated, or is removed, suspended or otherwise becomes disabled at any time before judgment, no further proceeding shall be taken in the action against the party for whom he appeared, without leave of the court, until thirty days after notice to appoint another attorney has been served upon that party either personally or in such manner as the court directs. (emphasis added). Here, Plaintiff obtained a Judgment of Foreclosure and Sale (the “Judgment”) dated August 22, 2017. A copy of the Judgment is annexed here to as Exhibit A. The Judgment was entered on WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Margolin & Weinreb Law Group, LLP may be a debt collector attempting to collect a debt and any information obtained may be used for that purpose. If you are in a pending bankruptcy proceeding, The Margolin & Weinreb Law Group, LLP will take no action, except as allowed under the Bankruptcy Code. If you received a Chapter 7 discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement against the collateral property. August 28, 2017. See id. According to the records provided to this Court by Ms. Nicholson, Andre Soleil, Esq. was not disbarred until May 29, 2019. See NYSCEF Dkt. No.: 13. Accordingly, no stay was/is in place pursuant to CPLR § 321(c) because the Judgment was issued almost two (2) years before Soleil’s disbarment and CPLR § 321(c) in only applicable to actions where disbarment occurs “at any time before judgment.” Therefore, no stay was/is in effect as a result of Soleil’s disbarment. In the event that this Court determines that this matter has been stayed pursuant to CPLR § 321(c) as a result of Soleil’s disbarment, which it should not, Plaintiff should still be permitted to proceed without any additionally delay because of Ms. Nicholson’s actions. The purpose of the stay imposed under CPLR § 321(c) is to vest the party who has lost counsel with a reasonable opportunity to obtain new counsel before further proceedings are taken and avoid prejudice that might conceivably arise from the absence of counsel in the interim. See Moray v. Koven & Krause, Esqs., 15 N.Y.3d 384, 389, 912 N.Y.S.2d 547, 938 N.E.2d 980 (2010); see also Fusco v. Shailya Taxi Corp., 267 A.D.2d 86, 700 N.Y.S.2d 7 (1st Dept. 1999). The Second Department has explicitly held that the stay should not be used as a sword against any continuation of the action. See Wells Fargo Bank, N.A. v. Kurian, 197 A.D.3d 173, 176, 151 N.Y.S.3d 441, 444 (2d Dept. 2021). Here, Ms. Nicholson represents to this Court that she represented Boone in her personal Bankruptcy that was pending before the U.S. Bankruptcy Court For the Eastern District of New York from its commencement on October 18, 2017 until its close on January 15, 2020. See In re Sharon C. Boone, Bankruptcy Docket No.: 1-17-45391-ESS. A copy of the docket is annexed hereto as Exhibit B Additionally, accordingly to our firm’s internal case management notes, Ms. Nicholson appeared on behalf of Boone at the COVID-19 Status Conference conducted by this Court on October 19, 2020. A copy of our internal case management note is annexed hereto as Exhibit C. Finally, on July 20, 2021, Ms. Nicholson consented to representation of Boone on NYSCEF. See the NYSCEF schedule of consent and representation annexed hereto as Exhibit D. Accordingly, it is clear from the record that Ms. Nicholson has been representing Boone in the instant action since at least her appearance at the COVID-19 Status Conference that occurred on October 19, 2020. Thus, Boone not only had a reasonable opportunity to obtain new counsel following Soleil’s disbarment, but in fact she was utilizing Ms. Nicholson as shadow counsel. Please let us know if you have any questions. Respectfully, /s/ Seth D. Weinberg Seth D. Weinberg, Esq. Encl: