People v Melvin Thomas

People v Thomas 2005 NY Slip Op 10154 [24 AD3d 800] December 27, 2005 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

The People of the State of New York, Respondent,
v
Melvin Thomas, Defendant. Godfrey G. Brown, Nonparty Appellant.

—[*1]Appeal by nonparty Godfrey G. Brown, the attorney for the defendant, by permission, from an order of the Supreme Court, Nassau County (Carter, J.), dated October 6, 2003, which directed him to pay a sanction in the sum of $1,500 to the Lawyers' Fund for Client Protection for his failure to appear at a scheduled trial date.

Ordered that the order is affirmed.

Contrary to the appellant's contention, the Supreme Court did not adjudicate him to be in criminal contempt. Rather, the Supreme Court imposed a monetary sanction against the appellant for his failure to appear for trial (see 22 NYCRR 130-2.1 [a]). The amount of the sanction imposed was appropriate under the circumstances of this case (see 22 NYCRR 130-2.1 [b]; 130-2.2). H. Miller, J.P., Cozier, Ritter and Spolzino, JJ., concur.