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Gruen v. Krellenstein

Citations: 244 A.D.2d 234; 666 N.Y.S.2d 111; 1997 N.Y. App. Div. LEXIS 12161

Court: Appellate Division of the Supreme Court of the State of New York; November 17, 1997; New York; State Appellate Court

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Sanctions of $1,000 are imposed on Rita W. Warner, Esq., payable to the Lawyers’ Fund For Client Protection, due to egregious behavior in her representation of the appellant. The Court finds that Warner showed disrespect and a callous disregard for the Court's resources by filing an appeal that was clearly moot at the time of submission. Although there was a late offer to withdraw the appeal (appeal No. 61184N), it occurred after the case had already been calendared and called, leading to a significant waste of time and effort for both the opposing party and the Court. The Court concludes that this conduct warrants the imposition of sanctions. The decision is concurred by Justices Ellerin, Wallach, Nardelli, Rubin, and Mazzarelli.