Appellate Division: Second Judicial Department

M39123

S/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-00726, 2005-00728 Lynn E. Miller, appellant, v Dennis K. Dugan, respondent. (Index No. 202147/02)

DECISION & ORDER ON MOTION

Appeals by the plaintiff from (1) a decision of the Supreme Court, Nassau County, dated May 10, 2004, and (2) a judgment of the same court entered November 30, 2004. By decision and order of this court dated March 7, 2006, the appeal from the decision was dismissed, the judgment was affirmed insofar as appealed from, and counsel for the respective parties were directed to show cause why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the appellant and/or her counsel pursuant to 22 NYCRR 130-1.1(c), as this court may deem appropriate.

Now on the court's own motion, and upon the papers filed in response to the order to show cause, it is

ORDERED that within 20 days after service upon him of a copy of this decision and order on motion, William M. Diament, Esq., counsel for the appellant, shall pay to Stephen D. Kommor, Esq., the attorney for the respondent, the sum of $1000, representing the reasonable costs and attorneys' fees of the respondent in defending the appeal and responding to the order to show cause (see 22 NYCRR 130-1.1[b]); and it is further,

ORDERED that the Clerk of the Supreme Court, Westchester County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion upon counsel for both parties by regular mail.

Upon determining these appeals this court noted that "[m]any of the plaintiff's appellate arguments appear to be unsupported by, or even contradicted by, the record and completely without merit in law or fact (see 22 NYCRR 130-1.1[a],[c][3]; Curcio v Hogan Coring & Sawing Corp., 303 AD2d 357, 359; Braten v Finkelstein, 235 AD2d 513, 514). In his papers in response to the order to show cause the appellant's counsel has failed to provide any basis for this court to conclude that his actions were anything but frivolous. Accordingly, the imposition of costs and an attorney's fee in the amount set forth above is appropriate.

RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court