Attorneys Nick Penkovsky and Joy Hochstadt, a terminated teacher who worked with Ed Fagan, are sanctioned in Federal District Court for frivolous claims in a suit brought by former rubber roomers, but this will not stop the filing of federal claims by those who were denied their rights to a fair and speedy trial.
Here are the cases: Southern District Federal Court Magistrate Judge decided to recommend sanctions for both of them in the matter Twana Adams v New York City Board of Education. Now the fines will be up to Federal Judge Victor Marrero to decide.
'Rubber' cluck fines
By BRUCE GOLDING, NY POST, Decemmber 11, 2010
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Two lawyers who challenged the Board of Ed's policy of banishing suspended teachers to "rubber rooms" face $28,000 in fines over their "frivolous" charges.
Lawyer Joy Hochstadt violated court rules by claiming race discrimination under the 13th Amendment -- which abolished slavery -- after being warned she had no legal right to do so, Manhattan federal Magistrate Judge Andrew Peck ruled.
Co-counsel Nicholas Penkovsky, meanwhile, was slapped for pressing "previously dismissed hostile work environment claims without setting forth new facts."
Peck recommended that Judge Victor Marrero -- who dismissed the suit last month -- sanction Penkovsky $7,000.
Peck also recommended a whopping $21,000 in fines for Hochstadt's misconduct, noting that her race charge was only one of "numerous causes of action without any basis in law [or] fact."
Penkovsky said yesterday that he didn't have time to discuss the ruling.
Hochstadt didn't return a request for comment.
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