In re Elizabeth R.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*446The petitioner commenced this proceeding to have a guardian appointed on behalf of her sister, Elizabeth R, alleging that Elizabeth R. was incapable of handling her personal and financial needs due to her use of drugs and alcohol. The Supreme Court dismissed the petition and imposed sanctions upon the appellants, finding that the commencing and continuing of this proceeding was frivolous pursuant to 22 NYCRR 130-1.1. We hold that the imposition of sanctions was within the court’s discretion.
Conduct is frivolous and can be sanctioned under the court rule if "it is completely without merit * *…
2Cases cited1 opinion
- In re the Estate of RosenhainAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by4 opinions
- Muzio v. BrownAppellate Division of the Supreme Court of the State of New York · 2003
- In re Dorothy N.Appellate Division of the Supreme Court of the State of New York · 2009
- In re EastrinAppellate Division of the Supreme Court of the State of New York · 2001
- Weh Chih Wang v. SDI International, Inc.Appellate Division of the Supreme Court of the State of New York · 2003