Appellate Division of the Supreme Court of New York, 1997

Gruen v. Krellenstein

Gruen v. Krellenstein
Appellate Division of the Supreme Court of New York · Decided November 18, 1997
244 A.D.2d 234; 666 N.Y.S.2d 111; 1997 N.Y. App. Div. LEXIS 12161
Gruen v. Krellenstein

Opinion of the Court

—On the Court’s own motion, pursuant to 22 NYCRR 130-1.1 et seq., sanctions *235in the amount of $1,000 are imposed against Rita W. Warner, Esq., payable to the Lawyers’ Fund For Client Protection.

Counsel for appellant has behaved egregiously. She has demonstrated both disrespect for and a callous disregard for the burden placed upon this Court by filing an appeal that was obviously moot at the time it was filed. Although there was an offer to withdraw the appeal (appeal No. 61184N), that did not occur until some time after the date on which the case was calendared and called, thereby resulting in the wasted expenditure of considerable time and energy not only by her opponent in this litigation but by this Court. The conduct involved called for the imposition of sanctions which we are sua sponte imposing in the amount of $1,000. Concur—Ellerin, J. P., Wallach, Nardelli, Rubin and Mazzarelli, JJ.

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