Opinion
January 13, 1992
Appeal from the Supreme Court, Queens County.
Upon the proceedings before this court on November 27, 1991, at which the parties were given an opportunity to be heard on the issue of sanctions and costs, it is,
Ordered that Victor Brancoveanu, the plaintiff pro se, is directed to pay $1,500, in costs to Mariana Brancoveanu, the defendant, and $8,500 in sanctions to the Lawyers' Fund for Client Protection, within 20 days after service upon him of a copy of this decision and order, with notice of entry, for his conduct in pursuing a frivolous appeal from an order of the Supreme Court, Queens County (Corrado, J.), dated November 17, 1989.
A review of the record of the proceedings before this court on November 27, 1991, confirms our preliminary conclusion that the instant appeal was indeed "frivolous" as that term is defined by 22 NYCRR 130-1.1 (c) (see, Brancoveanu v. Brancoveanu, 177 A.D.2d 615, supra). Although he failed to demonstrate before the Supreme Court any change in circumstances to necessitate a downward modification of the child support award, the plaintiff nonetheless appealed from the court's denial of his application for that relief. It was revealed at the hearing before this court that the plaintiff had available but withheld his financial records from the defendant while his application was being considered by the Supreme Court. Contrary to the plaintiff's assertion, the unpaid money judgments entered against him for counsel fees awarded to the defendant in prior proceedings do not constitute the requisite showing for a reduction of his child support obligation. We also note that the instant appeal is but one of a series of meritless appeals taken by the plaintiff in the course of this matrimonial action.
The plaintiff's conduct in appealing from the order dated November 17, 1989, not only placed an unnecessary burden on the defendant in having to respond to it but also constituted a misuse of judicial resources warranting sanctions. Accordingly, we direct that the plaintiff remit $1,500 in costs to the defendant and that he pay an additional $8,500 to the Lawyers' Fund for Client Protection (see, Strout Realty v. Mechta, 175 A.D.2d 201; Belsky v. Belsky, 175 A.D.2d 900). Kunzeman, J.P., Sullivan, Lawrence and Balletta, JJ., concur.