Blackman v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Blackman v. New York City Health & Hospitals Corp.

249 A.D.2d 539, 671 N.Y.S.2d 339, 1998 N.Y. App. Div. LEXIS 4608

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 27, 1998

StatusPublished

This text of 249 A.D.2d 539 (Blackman v. New York City Health & Hospitals Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blackman v. New York City Health & Hospitals Corp., 249 A.D.2d 539, 671 N.Y.S.2d 339, 1998 N.Y. App. Div. LEXIS 4608 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In a proceeding to direct the appellants to withhold all medical treatment except that neces[540]*540sary to keep the respondent Celia Blackman comfortable and to alleviate pain, the appeal, as limited by the appellants’ brief, is from so much of a judgment of the Supreme Court, Kings County (Barasch, J.), entered May 14, 1997, as, upon an order of the same court dated April 29, 1997, which, inter alia, granted the branch of the respondents’ application which was for an award of attorneys’ fees pursuant to 22 NYCRR 130-1.1, awarded the respondents attorneys’ fees.

Ordered that the judgment is reversed insofar as appealed from, on the facts, without costs or disbursements, and so much of the order dated April 29, 1997, as granted the branch of the respondents’ application which was for an award of attorneys’ fees pursuant to 22 NYCRR 130-1.1 is vacated.

Under the circumstances of this case, the award of attorneys’ fees as a sanction was not warranted. Rosenblatt, J. P., Copertino, Goldstein and McGinity, JJ., concur.

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—In a proceeding to direct the appellants to withhold all medical treatment except that neces[540]*540sary to keep the respondent Celia Blackman comfortable and to alleviate pain, the appeal, as limited by the appellants’ brief, is from so much of a judgment of the Supreme Court, Kings County (Barasch, J.), entered May 14, 1997, as, upon an order of the same court dated April 29, 1997, which, inter alia, granted the branch of the respondents’ application which was for an award of attorneys’ fees pursuant to 22 NYCRR 130-1.1, awarded the respondents attorneys’ fees.

Ordered that the judgment is reversed insofar as appealed from, on the facts, without costs or disbursements, and so much of the order dated April 29, 1997, as granted the branch of the respondents’ application which was for an award of attorneys’ fees pursuant to 22 NYCRR 130-1.1 is vacated.

Under the circumstances of this case, the award of attorneys’ fees as a sanction was not warranted. Rosenblatt, J. P., Copertino, Goldstein and McGinity, JJ., concur.

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Bluebook (online)

249 A.D.2d 539, 671 N.Y.S.2d 339, 1998 N.Y. App. Div. LEXIS 4608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackman-v-new-york-city-health-hospitals-corp-nyappdiv-1998.