MATTER OF PREMO v. Breslin

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed, with costs, the petition granted in its entirety and respondent prohibited from imposing sanctions on petitioner pursuant to 22 NYCRR part 130.

This is a proceeding pursuant to CPLR article 78 which was initiated in the Appellate Division pursuant to CPLR 506 (b) (1) to prohibit the respondent Judge from imposing a sanction on the petitioner pursuant to 22 NYCRR part 130.

Petitioner is an attorney whose firm was retained to represent a defendant in a criminal matter on October 19, 1995. The defendant had…