[*1]
Pu v Shahzad
2008 NY Slip Op 51997(U) [21 Misc 3d 129(A)]
Decided on October 7, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 7, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ
570687/07.

Richard Pu, Plaintiff-Appellant,

against

Nadeem Shahzad, Tallat Shahzad and Sea Cliff Subway, Inc., Defendants-Respondents.


Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Jose A. Padilla, Jr., J.), entered July 13, 2007, which, inter alia, denied his motions for entry of a default judgment and for leave to amend his complaint, and granted defendants' cross motion for the imposition of sanctions against plaintiff.


Per Curiam.

Order (Jose A. Padilla, Jr., J.), entered July 13, 2007, affirmed, with $10 costs, for the reasons stated by Jose A. Padilla, J. at Civil Court.

We find no abuse of discretion in the imposition of sanctions under 22 NYCRR §130-1.1(a) against plaintiff based upon his frivolous and vexatious litigation practices in this action (see Matter of Scifo, 272 AD2d 335 [2000]), including his repeated conduct in seeking affirmative relief without informing the court about the prior unappealed order dismissing the underlying action on the merits and his application for legal fees for a time period during which he was suspended from the practice of law.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: October 07, 2008