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MATTER OF BIRNBAUM v. BIRNBAUM

135 A.D.2d 1116 (1987)

In the Matter of Janice S. Birnbaum et al., as Coadministratrices and Trustees of The Estate of Bernard P. Birnbaum, Deceased Respondents, v. Saul I. Birnbaum, Appellant In the Matter of Ilene L. Flaum, Respondent, v. Saul I. Birnbaum, Appellant, and Janice S. Birnbaum, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 18, 1987

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this proceeding brought by respondent Saul Birnbaum seeking disqualification of petitioner's attorneys, the court erred insofar as it awarded attorneys' fees and expenses to those parties opposing the motion. A court has no inherent authority to impose attorneys' fees or other monetary sanctions as a penalty...

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