Kahre-Richardes Family Foundation, Inc. v. Village of Baldwinsville

219 A.D.2d 826, 632 N.Y.S.2d 908, 1995 N.Y. App. Div. LEXIS 10869

Opinion

Order unanimously affirmed without costs, judgment ordered imposing sanction and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: We affirm for reasons stated in the decision at Supreme Court (Stone, J.). We add only that these appeals are a continuing effort by plaintiffs’ counsel "to delay or prolong the resolution of the litigation” (22 NYCRR 130-1.1 [c] [2]) and we therefore order that judgment be entered in accordance with 22 NYCRR 130-1.2 imposing a sanction against plaintiffs’ counsel in the amount of $500. Further, we conclude that plaintiffs’ counsel should compensate defendants for "costs in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney’s fees” as a result of these appeals (22 NYCRR 130-1.1 [a]). Plaintiffs and their counsel have been given a reasonable opportunity to be heard in connection with defendants’ request for sanctions against plaintiffs (see, 22 NYCRR 130-1.1 [d]). Therefore, we remit the matter to Supreme Court for a hearing to determine the "costs in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney’s fees” (22 NYCRR 130-1.1 [a]) and for an order directing that judgment be entered therefor in accordance with 22 NYCRR subpart 130-1 (see, Board of Educ. v Allen, 192 AD2d 1099, 1100, lv dismissed 82 NY2d 846). (Appeal from Order of Supreme Court, Onondaga County, Stone, J. — Summary Judgment.) Present— Pine, J. P., Wesley, Callahan and Davis, JJ.