| Hughes v Farrey |
| 2008 NY Slip Op 01827 [48 AD3d 385] |
| February 28, 2008 |
| Appellate Division, First Department |
| Donna M. Hughes, Respondent, v Paul F. Farrey,Appellant. Lawrence Anthony Porcari, Nonparty Appellant. |
—[*1] Alterman & Boop LLP, New York City (Arlene F. Boop of counsel), forrespondent.
Order, Supreme Court, New York County (Louis B. York, J.), entered October 3, 2006,which granted plaintiff's motion for sanctions against defendant's attorney in the amount of$2,500 and against defendant in the amount of $3,000, and authorized the filing of the note ofissue, unanimously affirmed, with costs.
Given defendant's unexcused failure to appear for a deposition that had been twice orderedby the court, it is clear that the IAS court properly determined that his conduct and that of hisattorney were frivolous (see 22 NYCRR 130-1.1 [a]), and there is no reason to disturb theexercise of discretion as to either the imposition of sanctions or the amounts awarded (seeSeldon v Bruno, 204 AD2d 180 [1994]).
Allowing plaintiff to file the note of issue despite defendant's claim that certain discoverywas outstanding was not an abuse of the court's broad discretion to supervise disclosure (seeKamhi v Dependable Delivery Serv., 234 AD2d 34 [1996]; Matter of American HomeProds. Corp. v Shainswit, 215 AD2d 317 [1995]). Concur—Mazzarelli, J.P., Andrias,Saxe, Gonzalez and Sweeny, JJ.