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MATTER OF GORDON v. MARRONE

202 A.D.2d 104 (1994)

In the Matter of Allan S. Gordon, Appellant, v. Anna M. Marrone, as Tax Assessor of The Town of North Castle, et al., Respondents

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

September 12, 1994

Attorney(s) appearing for the Case

Fulbright & Jaworski, New York City (James Nespole and Donald J. Lough of counsel), for appellant.

Sive, Paget & Riesel, P. C., New York City (Mark A. Chertok and Clifford L. Davis of counsel), for The Nature Conservancy, respondent.

Chadbourne & Parke, New York City (Toni C. Hamburg, Caroline L. Orlando, Barry H. Garfinkel and William M. Bradner, Jr., of counsel), for Scenic Hudson, Inc., and others, amici curiae.

G. Oliver Koppell, Attorney-General, New York City (Nancy Stearns of counsel), for State of New York, amicus curiae.

THOMPSON, J. P., ROSENBLATT and SANTUCCI, JJ., concur.

RITTER, J.

Litigants who use our court system for improper purposes, such as for retribution and harassment, may be sanctioned under the rules designed to deter frivolous conduct. The Supreme Court dismissed the proceeding here, on the merits, although it determined that the petitioner had raised a "colorable" claim. The court imposed a sanction against the petitioner, finding that the litigation had been brought...

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