Stengel v. Black
Filing 54
MEMO ENDORSEMENT on 47 Report and Recommendations: After reviewing plaintiff's objections to this report, I reject them, adopt the report as the court's opinion and find that judgment be entered in defendant's favor in the amount of $23,411.17 for the originally ordered sanction. Insofar as defendant's objections are concerned, I agree that the Court of Appeals intended for this court to impose the sanction for filing a frivolous appeal. The record plainly discloses th at the appeal to the Second Circuit was frivolous. Accordingly I also award sanctions against plaintiff in the amount of $15,566.60, being the sum expended by defendant in connection with the frivolous appeal. Clerk to enter judgment separately on that amount. (Signed by Judge Colleen McMahon on 9/14/2012) Copies Mailed By Chambers. (lmb)
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