Opinion
April 24, 1995
Appeal from the Supreme Court, Westchester County.
Cross motion by the appellant (1) for an award of costs and the imposition of sanctions upon the respondent for bringing a frivolous motion for costs, sanctions, and an injunction, and (2) to enjoin the respondent from instituting or maintaining any further abusive proceedings against the appellant, his attorneys, and/or agents.
By decision and order of this Court dated March 1, 1994, the motion and cross motion were referred to the Bench which was to hear and determine the appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition and relation thereto, it is
Ordered that the motion is denied as academic (see, Murray v National Broadcasting Co., 214 A.D.2d 708 [decided herewith]); and it is further,
Ordered that the cross motion is denied. Mangano, P.J., Sullivan, Thompson and Hart, JJ., concur.