Musumeci v. Musumeci
Court: Appellate Division of the Supreme Court of the State of New York; December 19, 1999; New York; State Appellate Court
In a divorce and ancillary relief action, the defendant husband appeals from two orders of the Supreme Court, Suffolk County: (1) an order dated March 25, 1998, which denied his motion for a mistrial, and (2) an order dated August 13, 1998, which denied his motion to renew. Additionally, nonparty Philip Sands, the defendant's counsel, appeals from the March 25 order, which granted sanctions against him following applications from the plaintiff wife and the Law Guardian. The appeals by the defendant from both orders are dismissed, as the right to direct appeal terminated upon the entry of judgment in the action. The issues raised in these appeals have been reviewed alongside the appeal from the judgment itself. The court clarified that while sanctions can be imposed for frivolous conduct—including actions intended to delay litigation or harass another—Sands’ motion on behalf of the husband was not considered frivolous. Consequently, the portion of the March 25 order granting sanctions is reversed, and those applications for sanctions are denied. Sands is awarded one bill of costs payable by the respondent. Justices Santucci, Joy, Friedmann, and Goldstein concur in the decision.