CHARLES T. GUARNIER, RESPONDENT, v. AMERICAN DREDGING CO., DEFENDANT / HOWARD W. BURNS, APPELLANT.
79 N.Y.2d 846, 588 N.E.2d 92, 580 N.Y.S.2d 194 (1992).
January 16, 1992

1 No. 89 SSM 75

Decided January 16, 1992

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Howard W. Burns, Jr., for Appellant.
No papers submitted, for Respondent.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order reversed, without costs, and the sanction imposed pursuant to 22 NYCRR § 130-1.1(c) vacated because the reviewable record of the conduct of the appellant attorney during jury selection, which prompted the imposition of the sanction over two months later, is devoid of the required basis for concluding that the conduct, however else it could be characterized, was "frivolous" within the meaning of the sanctions rule. Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock and Bellacosa concur.