OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), February 2020 order of the Appellate Division insofar as appealed from and July 2014 order of the same court insofar as brought up for review, reversed, with costs, and motion for an award of attorneys fees against defendant denied. Under the circumstances here, the attorneys motion to be appointed, nunc pro tunc, pursuant to 22 NYCRR 36.2(b)(2), should have been denied (see generally Gletzer v. Harris, 12 N.Y.3d 468, 476, 882 N.Y.S.2d 386, 909 N.E.2d 1224 [2009]).
Chief Judge DiFiore and Judges Rivera, Stein, Garcia and Wilson concur. Judge Fahey took no part.