Katz v. Katz

• Decision Date: 06 October 2000
• Citation: 719 N.Y.S.2d 586
• Parties: (A.D. 2 Dept. 2001) Jane Barr KATZ, Appellant-Respondent, v. Anthony Ray KATZ, Respondent-Appellant; Cohen Goldstein & Silpe, LLP, Nonparty Respondent-Appellant. 2000-00606 : SECOND JUDICIAL DEPARTMENT Argued -
• Court: New York Supreme Court — Appellate Division

Page 586

719 N.Y.S.2d 586 (A.D. 2 Dept. 2001)

Jane Barr KATZ, Appellant-Respondent, v. Anthony Ray KATZ, Respondent-Appellant;

Cohen Goldstein & Silpe, LLP, Nonparty Respondent-Appellant.

2000-00606

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

Argued - October 6, 2000

January 8, 2001

Kasowitz, Benson, Torres & Friedman, LLP, New York, N.Y. (Eleanor B. Alter and Adam John Wolff of counsel), for Appellant-Respondent.

Cohen Goldstein & Silpe, LLP, New York, N.Y. (Glenn S. Goldstein of counsel), Nonparty-Respondent-Appellant Pro Se.

GABRIEL M. KRAUSMAN, J.P., ANITA R. FLORIO, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.

In an action for a divorce and ancillary relief, (1) the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Scancarelli, J.), entered December 14, 1999, as, sua sponte, imposed a sanction upon her counsel in the amount of $500 for failure to comply with a prior order of the same court dated October 13, 1999, (2) the nonparty, Cohen Goldstein & Silpe, LLP, cross-appeals, as limited by its brief, from so much of the same order as, sua sponte, imposed a sanction upon it in the amount of $500 for its failure to comply with a prior order of the same court dated October 13, 1999, and (2) the defendant separately cross-appeals from the same order.

ORDERED that the appeal by the plaintiff is dismissed, without costs or disbursements, as she is not aggrieved by the portion of the order appealed from (see, CPLR 5511; Scopelliti v Town of New Castle, 92 N.Y.2d 944); and it is further,

ORDERED that the cross appeal by the defendant is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this court (see, 22 NYCRR 670.8[e]); and it is further,

ORDERED that on the court's own motion, the nonparty's notice of cross appeal is treated as an application by the nonparty, Cohen Goldstein & Silpe, LLP, for leave to appeal, and leave to appeal is granted (see, CPLR 5701[c]); and it is further,

ORDERED that the order is reversed insofar as cross-appealed from by the nonparty, without costs or disbursements, and the sanction imposed upon the nonparty-respondent-appellant is vacated.

The imposition of a sanction upon the nonparty-respondent-appellant was not warranted, as it provided an acceptable excuse for failing to fully comply with the Supreme Court's preliminary conference order dated October 13,...