MATTER OF KINGS COUNTY HOSP. v. M.R.

Index No. 514274/23, Appeal No. 2062, Case No. 2023-03370.

2024 NY Slip Op 02016

IN THE MATTER OF KINGS COUNTY HOSPITAL, Petitioner-Respondent, v. M.R. (ANONYMOUS), Respondent, REBECCA KITTRELL, ESQ., ETC., NONPARTY Appellant.

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

Decided April 16, 2024.


Attorney(s) appearing for the Case

Michael D. Neville , Mental Hygiene Legal Service, Garden City ( Felicia B. Rosen of counsel), for appellant.

Before: Moulton, J.P., Gesmer, González, Rodriguez, Michael, JJ.


Order, Supreme Court, Kings County (Steven Z. Mostofsky, J.), entered on or about June 15, 2023, transferred to this Court by order of Supreme Court, Appellate Division, Second Department, dated June 28, 2023, which sanctioned nonparty appellant $100 for frivolous conduct under 22 NYCRR 130-1.1(c)(1-3), unanimously reversed, on the law and the facts, without costs, and the sanction vacated.

The court abused its discretion in imposing the sanction on appellant in that...

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