Appellate Division: Second Judicial Department

M119781

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-08265 Theresa Boyle Ackermann, appellant, v William Ackermann, respondent. (Index No. 13256-08)

DECISION & ORDER ON MOTION

Appeal by Theresa Boyle Ackermann from a judgment of the Supreme Court, Suffolk County, dated July 7, 2009, which was determined by decision and order dated March 22, 2011. By order to show cause contained in the decision and order dated March 22, 2011, 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, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that within 20 days after service upon them of a copy of this decision and order on motion, Blangiardo & Blangiardo is directed to pay a sanction in the sum of $1500 to the Lawyers Fund for Client Protection (see 22 NYCRR 130-1.1[b]; 130-1.3); and it is further,

ORDERED that Theresa Boyle Ackermann is directed to pay a sanction in the sum of $2500, and shall deposit the sum of $2500 with the Clerk of this Court for transmittal to the Commissioner of Taxation and Finance (see 22 NYCRR 130-1.1[b]; 130-1.3), within 20 days after service of a copy of this decision and order on motion upon her counsel; and it is further,

ORDERED that Theresa Boyle Ackermann is directed to pay a sanction to the respondent in the sum of $7,432 as a reasonable attorney's fee (see 22 NYCRR 130-1.1[a]), and shall pay that sum to the attorney for the respondent within 20 days after service of a copy of this decision and order on motion upon her counsel; 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, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail; and it is further,

ORDERED that within 10 days after payment of the sanction, Blangiardo & Blangiardo and Theresa Boyle Ackermann shall file proof of such payment with the Clerk of this Court.

By decision and order dated March 22, 2011, this Court affirmed a judgment of the Supreme Court, Suffolk County, dated July 7, 2009, which incorporated but did not merge a so-ordered stipulation of settlement dated April 28, 2008. This Court stated that the terms of the stipulation relating to the subject debt obligations were "clear and unambiguous and operate as contractual obligations binding on the parties." Accordingly, the conduct of the plaintiff and her attorney in pursuing the instant appeal was completely without merit in law or fact and cannot be supported by a reasonable argument for an extension, modification, or reversal of existing law, and was undertaken primarily to delay or prolong the resolution of litigation and to harass or maliciously injure another (see 22 NYCRR 130-1.1[c]; Tornheim v Blue & White Food Prods. Corp., 73 AD3d 749, 750; Palmieri v Thomas, 29 AD3d 658, 659). Thus, the imposition of sanctions and/or costs, against the plaintiff and her counsel is warranted pursuant to 22 NYCRR 130-1.1(c) in the amount indicated.

RIVERA, J.P., DILLON, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court