APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

On the court's own motion, Alden Banniettis, counsel for the plaintiff, is directed to pay a sanction in the sum of $2,500 to the Lawyers' Fund for Client Protection (see 22 NYCRR 130-1.1 [b]; 130-1.3) within 20 days after service upon him of a copy of this decision and the order entered hereon. The Clerk of the Civil Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2). The Acting Chief Clerk of this court, or her designee, shall serve a copy of this decision and the order entered hereon upon counsel for the parties by regular mail. Within 10 days after payment of the sanction, Alden Banniettis shall file proof of such payment with the Acting Chief Clerk of this court.

In the decision dated July 12, 2006, this court stated that an issue had been raised as to whether plaintiff's counsel, when confronted with evidence which clearly supports a founded belief of fraud, including that plaintiff's assignor and host driver "withdrew" (see A.M. Med. Servs., P.C. v Nationwide Mut. Ins. Co., 12 Misc 3d 143[A], 2006 NY Slip Op 51425[U]) their claims for no-fault benefits, frivolously prosecuted the appeal from so much of the order as denied plaintiff's motion for summary judgment. Following a hearing, we conclude that the arguments raised in support of plaintiff's contention that it was entitled to summary judgment are "frivolous" as defined in 22 NYCRR 130-1.1 (c). Thus, the imposition of a sanction as indicated is warranted (22 NYCRR 130-1.1).