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In the Matter of Anna Hart, a Person Alleged to be Incapacitated. Patrick Hart, Respondent; Mujica & Goodman, Appellant

New York Supreme Court, Appellate Division1997-03-11
237 A.D.2d 145654 N.Y.S.2d 143

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Opinion

majority opinion

Order, Supreme Court, New York County (Marylin Diamond, J.), entered October 31,1996, which, in a proceeding pursuant to Mental Hygiene Law article 81, imposed monetary sanctions upon the alleged incapacitated person’s attorney in the amount of $1,500, unanimously affirmed, without costs.

The imposition of a $1,500 sanction was a proper exercise of discretion in view of the precarious health of appellant’s 91-year-old client and his failure to comply with two court orders intended to facilitate findings on the exact nature of her disabilities. Concur—Ellerin, J. P., Wallach, Williams and Mazzarelli, JJ.