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MATTER OF PREMO v. BRESLIN

89 N.Y.2d 995 (1997)

679 N.E.2d 630

657 N.Y.S.2d 391

In the Matter of Brian D. Premo, Appellant, v. Thomas A. Breslin, as Judge of the County Court of Albany County, Respondent.

Court of Appeals of the State of New York.

Decided March 25, 1997.

Attorney(s) appearing for the Case

MacKrell, Rowlands, Premo & Pierro, P. C., Albany (Charles B. Dumas and Brian D. Premo, pro se, of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Peter G. Crary, Peter H. Schiff and Barbara G. Billet of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, the petition granted in its entirety and respondent prohibited from imposing sanctions on petitioner pursuant to 22 NYCRR part 130.

This is a proceeding pursuant to CPLR article 78 which was initiated in the Appellate Division pursuant to CPLR 506 (b) (1) to prohibit the respondent Judge from imposing a sanction on the petitioner pursuant...

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