Matter of Kuntz v. Board of Assessment

Full title: In the Matter of WILLIAM KUNTZ, III, Appellant, v. BOARD OF ASSESSMENT OF…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 5, 1995

211 A.D.2d 841 (N.Y. App. Div. 1995)

621 N.Y.S.2d 942

Opinion

January 5, 1995

Appeal from the Supreme Court, Essex County (Viscardi, J.).

Casey, J.

Insofar as petitioner seeks to appeal from the order entered September 24, 1993, the appeal is untimely (see, CPLR 5513 [a]). Insofar as petitioner seeks to appeal from the denial of his motion to reargue, the order is not appealable (see, e.g., Burton v Coonrod, 170 A.D.2d 882, 883). As to the appeal of the award to respondents of reasonable costs and counsel fees, we see no basis to disturb Supreme Court's conclusion that petitioner's conduct in moving to reargue a patently meritless issue constituted frivolous conduct within the meaning of 22 NYCRR 130-1.1 (a).

Cardona, P.J., Mikoll, Mercure and Yesawich Jr., JJ., concur. Ordered that the appeal from the order entered September 24, 1993 is dismissed, as untimely. Ordered that the order entered December 13, 1993 is affirmed, with costs.