Opinion
December 28, 1998
Appeal from the Supreme Court, Nassau County (Feuerstein, J.).
Upon the order to show cause and the papers submitted in opposition or relation thereto, it is
Ordered that within 20 days after service upon him of a copy of this decision and order with notice of entry the appellant's attorney Ronald J. Chisena is directed to personally pay sanctions in the sum of $1,500 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 the Clerk of the Supreme Court, Nassau County, shall enter judgment accordingly ( see, 22 NYCRR 130-1.2).
In March 1995 this Court affirmed an order of the Supreme Court, Nassau County, dated March 2, 1993, which granted the plaintiff's motion for a permanent injunction ( see, Italian Am. Civic Assn. v. Cataldo, 213 A.D.2d 513). On two separate occasions since then the defendant has appealed from orders of the Supreme Court, Nassau County, which, inter alia denied his applications to set aside the judgment dated March 23, 1993, entered upon the order dated March 2, 1993. This Court dismissed the first of these appeals ( see, Italian Am. Civic Assn. v. Cataldo, 220 A.D.2d 483), and on the second appeal we affirmed the order appealed from ( see, Italian Am. Civic Assn. v. Cataldo, 225 A.D.2d 733). Under the circumstances presented the appellant's counsel has engaged in frivolous conduct pursuant to 22 NYCRR 130-1.1 (c) (1), (2), in prosecuting the instant appeal and sanctions should be imposed.
Bracken, J. P., Copertino, Goldstein and McGinity, JJ., concur.