Opinion
2003-01878.
Decided June 1, 2004.
In an action to recover damages for libel, the defendants William Spain and Compton Spain appeal from an order of the Supreme Court, Putnam County (Nicolai, J.), dated February 3, 2003, which denied their motion for an award of costs and to impose a sanction against the plaintiff and his attorneys pursuant to 22 NYCRR 130-1.1.
Spain Spain, P.C., Mahopac, N.Y. (William D. Spain, Jr., appellant pro se of counsel), for appellants.
Tendy Zarcone, Putnam Valley, N.Y. (Robert Tendy of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, PETER B. SKELOS, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the appellants' motion for an award of costs and to impose a sanction against the plaintiff and his attorneys, as the conduct at issue was not frivolous conduct proscribed by 22 NYCRR 130-1.1 ( see Mimoun v. Zicherman, 293 A.D.2d 585).
ALTMAN, J.P., GOLDSTEIN, ADAMS and SKELOS, JJ., concur.