Gabrelian v. Gabrelian

Lazer, J. P.

(concurring in the result). I agree that there should be a reversal, but I cannot agree that the judicial system possesses some amorphous inherent power that authorizes judges to impose fiscal sanctions upon those whose conduct is deemed to constitute an abuse of their right of access to the judicial system but which neither falls within the ambit of the various statutory vehicles for imposing sanctions nor fulfills the stringent requirements of a tort action for abuse of process or malicious prosecution. I find no basis for concluding that any inherent power to punish abuse of…