Robinson v. State

Appellate Division of the Supreme Court of New York

Robinson v. State

287 A.D.2d 610, 731 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 9852

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

DecidedOctober 22, 2001

StatusPublished

Cited by2 cases

This text of 287 A.D.2d 610 (Robinson v. State) 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

Robinson v. State, 287 A.D.2d 610, 731 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 9852 (N.Y. Ct. App. 2001).

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Opinion

—In a claim to recover damages for personal injuries, the defendant appeals from an order of the Court of Claims (Collins, J.), dated September 11, 2000, which, after a hearing, granted that branch of the claimant’s oral application which was for the imposition of a sanction to the extent of assessing a $500 sanction against Assistant Attorney General Jane Duffy.

Ordered that the appeal is dismissed, with costs.

The order appealed from imposed a sanction following a hearing on the claimant’s oral application. It did not decide a motion on notice, and therefore is not appealable as of right (see, CPLR 5701 [a] [2]; Stern v Stern, 273 AD2d 298; Velasquez v C.F.T., Inc., 267 AD2d 229; Beige v Beige, 265 AD2d 438; Kelleher v Mt. Kisco Med. Group, 264 AD2d 760). The defendant failed to move for leave to appeal (see, CPLR 5701 [c]), and we decline to grant leave under the circumstances (see, Davidson Metals Corp., v Marlo Dev. Co., 262 AD2d 599; Cuffie v New York City Health & Hosps. Corp., 260 AD2d 423; cf., Blaisdell v Huntington Hosp., 270 AD2d 376; Pigott v Hamalian, 262 AD2d 383). Ritter, J. P., Plorio, Feuerstein and Crane, JJ., concur.

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—In a claim to recover damages for personal injuries, the defendant appeals from an order of the Court of Claims (Collins, J.), dated September 11, 2000, which, after a hearing, granted that branch of the claimant’s oral application which was for the imposition of a sanction to the extent of assessing a $500 sanction against Assistant Attorney General Jane Duffy.

Ordered that the appeal is dismissed, with costs.

The order appealed from imposed a sanction following a hearing on the claimant’s oral application. It did not decide a motion on notice, and therefore is not appealable as of right (see, CPLR 5701 [a] [2]; Stern v Stern, 273 AD2d 298; Velasquez v C.F.T., Inc., 267 AD2d 229; Beige v Beige, 265 AD2d 438; Kelleher v Mt. Kisco Med. Group, 264 AD2d 760). The defendant failed to move for leave to appeal (see, CPLR 5701 [c]), and we decline to grant leave under the circumstances (see, Davidson Metals Corp., v Marlo Dev. Co., 262 AD2d 599; Cuffie v New York City Health & Hosps. Corp., 260 AD2d 423; cf., Blaisdell v Huntington Hosp., 270 AD2d 376; Pigott v Hamalian, 262 AD2d 383). Ritter, J. P., Plorio, Feuerstein and Crane, JJ., concur.

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Bluebook (online)

287 A.D.2d 610, 731 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 9852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-nyappdiv-2001.

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