Zappin v. Comfort

• Citation: 146 A.D.3d 575,49 N.Y.S.3d 6
• Parties: Anthony ZAPPIN, Plaintiff–Appellant, v. Claire COMFORT, Defendant–Respondent.
• Decision Date: 17 January 2017
• Court: New York Supreme Court Appellate Division

146 A.D.3d 575
49 N.Y.S.3d 6

Anthony ZAPPIN, Plaintiff–Appellant,
v.
Claire COMFORT, Defendant–Respondent.

Supreme Court, Appellate Division, First Department, New York.

Jan. 17, 2017.

49 N.Y.S.3d 6

Anthony Zappin, appellant pro se.

The Wallack Firm, P.C., New York (Robert M. Wallack of counsel), for respondent.

Cohen Rabin Stine Schumann LLP, New York (Harriet Newman Cohen of counsel), attorney for the child.

ACOSTA, J.P., MAZZARELLI, MANZANET–DANIELS, WEBBER, JJ.

146 A.D.3d 575

Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered September 21, 2015, which, insofar as appealed from as limited by the briefs, imposed sanctions against plaintiff husband for violating the Rules of the Chief Administrator of the Courts (22 NYCRR) § 130–1.1, unanimously affirmed, with costs.

Supreme Court's detailed decision is amply supported by the record, and the husband does not advance any meritorious argument that his conduct was not frivolous or in bad faith, or not designed to "harass or maliciously injure another," such that his conduct should not be sanctioned (22 NYCRR 130–1.1 [c] ). The record establishes that the husband engaged in unprofessional, outrageous and malicious conduct on multiple occasions, most recently by filing the bad faith disciplinary complaint against the attorney for the child's (AFC) medical expert with the Department

49 N.Y.S.3d 7

of Health's Office of Professional Medical Conduct. Under the circumstances, particularly where the husband has exhibited a pattern of bad faith conduct throughout the proceedings despite repeated warnings not to do so, the sanctions imposed by Supreme Court were entirely proper (see 22 NYCRR 130–1.3 ; 22 NYCRR 130–1.1 ).

We have considered each of the husband's procedural arguments, including that he was entitled to a hearing because he did not have fair notice that sanctions were being considered against him, and find them unavailing. The...