Opinion
February 14, 1994
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Upon the proceedings before this Court on December 15, 1993, at which the parties and their attorneys and Peter R. Newman, former attorney for the petitioner, had an opportunity to be heard on the issue of sanctions and costs, it is,
Ordered that, within 20 days after service upon him of a copy of this decision and order with notice of entry, the petitioner's former counsel, Peter R. Newman, is directed to personally pay sanctions in the sum of $5,000 to the Lawyers' Fund for Client Protection of the State of New York, for his conduct in pursuing a frivolous appeal; and it is further,
Ordered that, within 20 days after service upon her of a copy of this decision and order with notice of entry, the petitioner is directed to personally pay sanctions in the sum of $5,000 to the Clerk of this Court, for transmittal to the New York State Commissioner of Taxation and Finance, for her conduct in pursuing a frivolous appeal; and it is further,
Ordered that the Clerk of the Supreme Court, Nassau County, shall enter judgment accordingly (see, 22 NYCRR 130-1.2).
In view of the patently frivolous nature of the petitioner's appeal (see, Matter of Sommer v. Harrington, 198 A.D.2d 508), we determine that the imposition of sanctions in the maximum aggregate amount permitted by 22 NYCRR 130-1.2 of $10,000, $5,000 to be paid by the petitioner personally and $5,000 to be paid by her former counsel Peter R. Newman personally, is appropriate. Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.