Fraccola v. 1st Choice Realty, Inc.

Full title: ALBERT G. FRACCOLA, JR., INDIVIDUALLY, AND AS 50 PERCENT SHAREHOLDER…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Mar 24, 2017

2017 N.Y. Slip Op. 2228 (N.Y. App. Div. 2017)

Opinion

233 CA 16-00596

03-24-2017

ALBERT G. FRACCOLA, JR., INDIVIDUALLY, AND AS 50 PERCENT SHAREHOLDER, OFFICER AND DIRECTOR OF 1ST CHOICE REALTY, INC., PLAINTIFF-APPELLANT, v. 1ST CHOICE REALTY, INC., ET AL., DEFENDANTS, AND CHAD CARSTENSEN, AS EXECUTOR OF THE ESTATE OF PHYLLIS FRACCOLA, DECEASED, DEFENDANT-RESPONDENT.

ALBERT G. FRACCOLA, JR., PLAINTIFF-APPELLANT PRO SE. FELT EVANS, LLP, CLINTON (JAY G. WILLIAMS, III, OF COUNSEL), FOR DEFENDANT-RESPONDENT.

WHALEN, P.J., CENTRA, PERADOTTO, DEJOSEPH, AND SCUDDER, JJ.

PRESENT:

ALBERT G. FRACCOLA, JR., PLAINTIFF-APPELLANT PRO SE.

FELT EVANS, LLP, CLINTON (JAY G. WILLIAMS, III, OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered July 20, 2015. The order and judgment determined that plaintiff had engaged in frivolous conduct and awarded defendant-respondent attorney's fees in the amount of $1,200.

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.

Entered: March 24, 2017

Frances E. Cafarell

Clerk of the Court