In re the Judicial Dissolution of Penepent Corp.

Appellate Division of the Supreme Court of New York

In re the Judicial Dissolution of Penepent Corp.

184 A.D.2d 1089, 586 N.Y.S.2d 906

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

DecidedJune 5, 1992

StatusPublished

This text of 184 A.D.2d 1089 (In re the Judicial Dissolution of Penepent 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

In re the Judicial Dissolution of Penepent Corp., 184 A.D.2d 1089, 586 N.Y.S.2d 906 (N.Y. Ct. App. 1992).

Pincite

Opinion

Motion for costs and sanctions granted and judgment ordered for petitioner in accordance with the following Memorandum: Respondent’s counsel presented to a Justice of this court an application pursuant to CPLR 5704 (a) to vacate a warrant of commitment on the ground that the same was improperly issued ex parte. Counsel obtained an order vacating the warrant and respondent was released from jail. Inasmuch as the warrant had issued upon a final order finding his client in contempt after the completion of a hearing, counsel’s conduct in bringing the application constituted frivolous conduct because "it is completely without merit in law or fact and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law” (22 NYCRR 130-1.1 [c] [1]).

We therefore order that judgment be entered for petitioner against respondent’s counsel in the sum of $1,095.00 representing reasonable attorney’s fees for counsel’s time expended in obtaining an order vacating the order erroneously granted, and, in securing an amended warrant of commitment. Present —Boomer, J. P., Pine, Balio, Davis and Doerr, JJ.

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Motion for costs and sanctions granted and judgment ordered for petitioner in accordance with the following Memorandum: Respondent’s counsel presented to a Justice of this court an application pursuant to CPLR 5704 (a) to vacate a warrant of commitment on the ground that the same was improperly issued ex parte. Counsel obtained an order vacating the warrant and respondent was released from jail. Inasmuch as the warrant had issued upon a final order finding his client in contempt after the completion of a hearing, counsel’s conduct in bringing the application constituted frivolous conduct because "it is completely without merit in law or fact and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law” (22 NYCRR 130-1.1 [c] [1]).

We therefore order that judgment be entered for petitioner against respondent’s counsel in the sum of $1,095.00 representing reasonable attorney’s fees for counsel’s time expended in obtaining an order vacating the order erroneously granted, and, in securing an amended warrant of commitment. Present —Boomer, J. P., Pine, Balio, Davis and Doerr, JJ.

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Bluebook (online)

184 A.D.2d 1089, 586 N.Y.S.2d 906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-dissolution-of-penepent-corp-nyappdiv-1992.