Premo v. Breslin

Crew III, J. (dissenting).

We respectfully dissent. Absent statutory or regulatory authority, respondent was unauthorized to act as he did (see, Matter of A. G. Ship Maintenance Corp. v Lezak, 69 NY2d 1, 6) and, in our view, 22 NYCRR 130-2.1 clearly and unambiguously does not confer authority upon respondent to sanction an attorney for unpreparedness. The cited rule speaks specifically to the imposition of sanctions upon an attorney who "fails to appear at a time and place scheduled” (22 NYCRR 130-2.1 [a]) and provides a laundry list of factors to be considered by the court in determining…