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In re Hart

237 A.D.2d 145 Court N.Y. App. Div. Decision date 1997-03-11 English

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p. 145
In the Matter of Anna Hart, a Person Alleged to be Incapacitated. Patrick Hart, Respondent; Mujica & Goodman, Appellant.
[654 NYS2d 143]

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

p. 146
intended to facilitate findings on the exact nature of her disabilities. Concur—Ellerin, J. P., Wallach, Williams and Mazzarelli, JJ.