On July 2, 2026, the First Department issued a decision in Slabakis v. Poyiadjis, 2026 NY Slip Op. 04265, sanctioning counsel for bringing a frivolous appeal seeking to reverse the trial court’s sanctions against counsel, explaining:
Supreme Court was entitled, pursuant to CPLR 5019(a), to amend its November 8, 2024 order to reflect that the $24,045 awarded to defendants as a result of plaintiff’s counsel’s frivolous conduct was against plaintiff’s counsel and not plaintiff himself. The November 8, 2024 order was clearly inconsistent with the intentions of the court, as the court stated in its October 17, 2024 order sanctioning plaintiff’s counsel for frivolous conduct. The amendment was ministerial in nature and did not affect substantial rights of the parties, and did not require a motion by defendants for relief.
Under the circumstances, this appeal is frivolous within the meaning of 22 NYCRR 130-1.1, and defendants should be reimbursed for their reasonable attorneys’ fees and costs incurred in this appeal. Counsel’s conduct appears to be a dilatory attempt to evade the court’s order by shifting responsibility to his client for a substantial sanction imposed upon him for his frivolous conduct. Therefore, we remand this matter to Supreme Court for a determination of the amount of expenses and costs including attorneys’ fees incurred by defendants in defending this appeal, and for entry of an appropriate judgment as against plaintiff’s attorney.
(Internal quotations and citations omitted).