Mo. No. 314
John B. Bell,
Appellant,
v.
State of New York, et al.,
Respondents.
_________________________________________________________________
2001 NY Int. 45
May 1, 2001
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
John B. Bell, appellant pro se.
Hon. Eliot Spitzer, Attorney General, State of New York (Peter Schiff,
of counsel) for respondents.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
This current appeal from an order involving an almost 30-year-old
unpaid law school loan is "frivolous" within the meaning of 22 NYCRR
130-1.1(a) and (c). The appeal is "completely without merit in law"
and "cannot be supported by a(ny) reasonable argument for an
extension, modification or reversal of existing law" as no
constitutional question, let alone a substantial one, is directly
involved in the order appealed (22 NYCRR 130-1.1(c)(1)). The appeal is
one in a chain of frivolous attempts to seek relief from this Court
and is yet another example of appellant's continued strategy to delay
the resolution of the litigation and payment of his student loan (see,
22 NYCRR 130-1.1(c)(2)). Despite this Court's prior imposition of
sanctions in connection with the same matter (see, Bell v New York
Higher Educ. Assistance Corp., , 76 NY2d 930 rearg denied , 76
NY2d 1015), and an order by Supreme Court enjoining appellant from
further litigating this claim, appellant remains undeterred. This
abuse of the judicial process supports the imposition of sanctions
(see, Maroulis v 64th Street-Third Ave. Assocs., , 77 NY2d 831;
Matter of Minister, Elders & Deacons of Refm. Prot. Dutch Church of
City of N.Y. v 198 Broadway, , 76 NY2d 411). In fixing the sanction
at $5,000, the Court has taken into account the need to prevent
appellant from engaging in further frivolous motion practice in
connection with this claim. Accordingly, a sanction in the amount of
$5,000 should be imposed upon appellant John B. Bell.
SNIPPETS:
No. 314 John B. Bell, Appellant, v.
This memorandum is uncorrected and subject to revision before publication in the New York
Eliot Spitzer, Attorney General, State of New York for respondents.
This current appeal from an order involving an almost 30-year-old unpaid law school loan is
The appeal is one in a chain of frivolous attempts to seek relief from this Court and is yet
Despite this Court's prior imposition of sanctions in connection with the same matter (see,
Assistance Corp.,, 76 NY2d 930 rearg denied, 76 NY2d 1015), and an order by Supreme Court
Dutch Church of City of N.Y. v 198 Broadway,, 76 NY2d 411).
In fixing the sanction at $5,000, the Court has taken into account the need to prevent
Accordingly, a sanction in the amount of $5,000 should be imposed upon appellant John B. Bell.
Having concluded deliberation on the question initiated by the Court of Appeals on February
Judges Smith and Graffeo took no part.
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