Astrada v Archer

[*1] Astrada v Archer 2008 NY Slip Op 52335(U) [21 Misc 3d 1134(A)] Decided on November 21, 2008 Supreme Court, Kings County Schack, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 21, 2008
Supreme Court, Kings County

Faith Astrada, Plaintiff,

against

Hulbert Archer and REGINA FELTON, ESQ., Defendants.



34401/05

Arthur M. Schack, J.

In my August 7, 2008 decision and order in this matter (20 Misc 3d 1130 [A]), I found that defendant Regina Felton, Esq. engaged in "frivolous conduct," as defined in 22 NYCRR § 130-1.1. I further ordered "that Regina Felton, Esq., pursuant to the Rules of the Chief Administrator, 22 NYCRR § 130-1.3, shall pay a sanction of $10,000.00, to the Lawyer's Fund for Client Protection, 119 Washington Avenue, Albany, NY 12210, within thirty (30) days after service of the notice of entry of this decision and order."

I have been informed in a letter, dated October 29, 2008, from Timothy J. O'Sullivan, Executive Director of The Lawyers' Fund for Client Protection, in relevant part that:

We are in receipt of your August 7, 2008 decision and order . . .

which imposed a $10,000 judicial sanction against Regina Felton

pursuant to the Rule of the Chief Administrative Judge (22 NYCRR

Part 130).

Please be advised that, to date, we have not yet received any

payment from Ms. Felton towards her $10,000 sanction obligation.

This Court has not stayed payment of the $10,000 sanction pending Ms. Felton's appeal of my August 7, 2008 order. Further, the Appellate Division, Second Department, by decision and order, dated September 18, 2008 (Motion No. 2008-08195), by a four-justice panel (Hon. Fred T. Santucci, J.P., Hon. Joseph Covello, Hon. Ariel E. Belen, and Hon. Cheryl E. Chambers), unanimously denied staying the enforcement of my August 7, 2008 order in this action (NY Slip Op 83523 [U]).

Thus, it appears that Regina Felton, Esq.'s failure to pay the $10,000 sanction to The Lawyer's Fund for Client Protection is wilful disobedience to a lawful mandate of the Court and criminal contempt pursuant to Judiciary Law § 750 (A), which states that "[a] court of record has [*2]power to punish for criminal contempt, a person guilty of any of the following acts . . . (3) [w]ilful disobedience to its lawful mandate." "The power to punish for contempts is, inherent in all courts; its existence is essential to the preservation of order in judicial proceedings, and to the enforcement of the judgments, orders, and right of courts, and consequently to the due administration of justice." (Ex parte Robinson, 86 US 505, 510 [1873]). "Criminal contempt . . . is utilized to protect the dignity of the judicial system and to compel respect for its mandates." (McCormick v Axelrod, 59 NY2d 574, 583 [1983]).

Accordingly, it is

ORDERED, that Regina Felton, Esq. shall show cause before this Court, Part 27, at 360 Adams Street, Room 479, Brooklyn, NY, 11201 on the 5th day of December 2008, at 2:30 P.M., to explain why this Court should not enter an Order finding Regina Felton, Esq. guilty of criminal contempt, pursuant to Judiciary Law § 750, and punishing her by imprisonment and/or fine, pursuant to Judiciary Law § 751; and it is further

ORDERED, that this order shall be served by first-class mail, by my Principal Law Clerk, Ronald D. Bratt, Esq., upon Regina Felton, Esq., at her offices located at 1371 Fulton Street, Brooklyn, NY, 11216, today, the 21st day of November 2008.

This constitutes the order of the Court.

ENTER

___________________________

Hon. Arthur M. SchackJ. S. C.