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S.M. Pires, v. Frota Oceanica Brasileira, S.A., 1998 N.Y. Int. 101 (July 9, 1998).

CIVIL PROCEDURE - LEAVE TO APPEAL - DELAYING ENFORCEMENT - SANCTIONS

ISSUE & DISPOSITION

Issue

Whether a defendant's motion for leave to appeal from a Supreme Court Judgment, a Supreme Court order, and seven separate Appellate Division orders, should be denied and the defendant sanctioned for purposefully delaying enforcement of money judgments entered in the plaintiff's favor.

Disposition

Yes. The defendants motions were without legal support, procedurally defective on several grounds, and made for the purpose of delaying enforcement of the money judgements entered in the plaintiff's favor and thus sanctionable under 22 N.Y.C.R.R. 130 1.1 to 1.5.

SUMMARY

A defendant, Frota Oceanica Brasileira (FOB), filed a motion for leave to appeal all of the above-named orders and decisions. The court found the appeal and the motion plainly unsupportable because of numerous jurisdictional and procedural defects and therefore dismissed them. The court also granted the plaintiff's cross motion and sanctioned FOB $2,500.00 under 22 N.Y.C.R.R. 130 1.1 to 1.5 for filing an appeal and motion without any legal support for the purpose of delaying enforcement of money judgments entered in the plaintiff's favor.

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