Appellate Division: Second Judicial Department

M40991

S/mv

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2004-10652 Paul Palmieri, plaintiff, Coalition of Landlords, Homeowners & Merchants, Inc., appellant, v Dawn C. Thomas, et al., respondents. (Index No. 9105/04)

DECISION & ORDER ON MOTION

Appeal by the plaintiff Coalition of Landlords, Homeowners & Merchants, Inc., from an order of the Supreme Court, Suffolk County, dated October 22, 2004. By decision and order of this court dated May 9, 2006 (see Palmieri v Thomas, AD3d ), the order dated October 22, 2004, was affirmed, 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 its 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 it a copy of this decision and order on motion, the appellant, Coalition of Landlords, Homeowners & Merchants, Inc., is sanctioned in the sum of $10,000 and shall deposit the sum of $10,000 with the Clerk of this court for transmittal to the Commissioner of Taxation and Finance (see 22 NYCRR 130-1.3); 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 the appellant's "arguments appear to be completely without merit in law and unsupported by a reasonable argument for an extension, modification, or reversal of existing law, or undertaken primarily to delay or prolong the resolution of litigation or to harass or maliciously injure another (see 22 NYCRR 130.1.1[c])" (see Palmieri v Thomas, supra). In its papers in response to the order to show cause the appellant has failed to provide any basis for this court to conclude that its actions in pursuing this appeal were anything but frivolous. Accordingly, the imposition of a sanction in the amount set forth above is appropriate.

KRAUSMAN, J.P., LUCIANO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court