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SHOLES v. MEAGHER

100 N.Y.2d 333 (2003)

794 N.E.2d 664

763 N.Y.S.2d 522

MICHAEL SHOLES, an Infant, by His Parent and Natural Guardian, TINA SHOLES, et al., Plaintiffs, v. GERALD MEAGHER et al., Defendants. FUREY & FUREY, P.C., et al., Nonparty Appellants.

Court of Appeals of the State of New York.

Decided June 10, 2003.

Attorney(s) appearing for the Case

Furey & Furey, P.C., Hempstead (James M. Furey, Sr., of counsel), for nonparty appellants.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur in per curiam opinion.

OPINION OF THE COURT

Per Curiam.

This appeal asks us to overturn the Appellate Division's dismissal of an appeal taken as of right by an attorney and her law firm—nonparty appellants here—from a trial court order imposing sanctions for conduct the court deemed frivolous (see 22 NYCRR part 130). The Appellate Division dismissed the appeal because the sanctions resulted from the trial court's sua sponte order, with no notice of motion...

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