Most New York attorneys are familiar with Part 130, Costs and Sanctions, of the Rules of the Chief Administrator1 which requires, in §130-1.1(a), that every pleading, written motion and other paper served on another party or filed or submitted to the court be signed by an attorney whose signature certifies that it is the attorney’s good faith, informed belief that “the contentions therein are not frivolous.” Some, however, may not realize that Part 130 and the discretionary monetary sanctions it authorizes the court to impose also applies to motions and briefs filed and submitted to an appellate court.
Frivolous appeals impose a substantial and costly burden on courts and respondents, and judicial resources should not be diverted to the processing and disposition of such appeals or motions. To discourage such misconduct, appellate courts will not hesitate to award costs and impose sanctions in appropriate cases.
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