Gruen v. Krellenstein

Appellate Division of the Supreme Court of New York

Gruen v. Krellenstein

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

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

DecidedNovember 18, 1997

StatusPublished

Cited by2 cases

This text of 244 A.D.2d 234 (Gruen v. Krellenstein) 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

Gruen v. Krellenstein, 244 A.D.2d 234, 666 N.Y.S.2d 111, 1997 N.Y. App. Div. LEXIS 12161 (N.Y. Ct. App. 1997).

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Opinion

—On the Court’s own motion, pursuant to 22 NYCRR 130-1.1 et seq., sanctions [235]*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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—On the Court’s own motion, pursuant to 22 NYCRR 130-1.1 et seq., sanctions [235]*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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Bluebook (online)

244 A.D.2d 234, 666 N.Y.S.2d 111, 1997 N.Y. App. Div. LEXIS 12161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gruen-v-krellenstein-nyappdiv-1997.

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