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ACS-NY v. PIZARRO

285 A.D.2d 406 (2001)

727 N.Y.S.2d 430

ACS-NY, Petitioner, v. ELDEMIRA PIZARRO et al., Respondents. TYRONE M. POWELL, Nonparty Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided July 19, 2001.

The court improvidently exercised its discretion pursuant to 22 NYCRR 130-2.1 in sanctioning appellant, a staff counsel for petitioner ACS-NY, under circumstances where his conduct was not deliberate or without good cause (see, Matter of Walsh v People, 206 A.D.2d 434). Appellant was only 35 minutes late for a fact-finding hearing and most of the delay was due to circumstances beyond his control, namely a fire drill and a defective...

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