The defendant's motion to vacate the judgment of divorce or the agreements reached in the stipulation of settlement concerning financial matters was frivolous in that he failed to demonstrate any change in circumstances warranting vacatur. Accordingly, the court properly required the defendant to pay the plaintiffs counsel fees for responding to his motion ( 22 NYCRR 130-1.1; Brancoveanu v Brancoveanu, 179 AD2d 614). The defendant's remaining contention is without merit.

The plaintiff's conduct in commencing the Westchester County action, and in appealing from the orders of that court, not only placed an unnecessary burden on the defendant in having to respond to it, but also constituted a misuse of judicial resources. Accordingly, we direct the plaintiff to pay $10,000 in costs to the defendant ( see, Brancoveanu v. Brancoveanu, 179 A.D.2d 614; Strout Realty v. Mechta, 175 A.D.2d 201). Mangano, P.J., Sullivan, Thompson and Hart, JJ., concur.

Contrary to the appellant's contention, we find that a prior order of the court and the plaintiff's oral and written applications for sanctions afforded the appellant notice and a reasonable opportunity to be heard on the question of sanctions (see generally, 22 NYCRR 130-1.1 [d]; Matter of Minister, Elders Deacons of Refm. Prot. Dutch Church v. 198 Broadway, 76 N.Y.2d 411, 413, n). However, while we express no opinion with regard to whether there is evidence in the record which would support the imposition of sanctions against the appellant for frivolous conduct (see, 22 NYCRR 130.1-1 [c]; see, e.g., Matter of Sommer, 183 A.D.2d 832; Brancoveanu v. Brancoveanu, 179 A.D.2d 614; Belsky v. Belsky, 175 A.D.2d 900; Strout Realty v. Mechta, 175 A.D.2d 201), we agree with the appellant that reversal is necessary because the court failed to state the basis for its determination in this case. Indeed, a court is required to issue "a written decision setting forth the conduct on which the * * * imposition [of sanctions] is based, the reasons why the court found the conduct to be frivolous, and the reasons why the court found the amount * * * imposed to be appropriate" ( 22 NYCRR 130-1.2; see, Nowak v. Walden, 187 A.D.2d 418; Folk v. State of New York, 185 A.D.2d 267; Jaswolk Realty v. Jasper, 182 A.D.2d 739).

Defendants' conduct has no basis in law or fact and appears to have been taken for the purpose of, inter alia, delaying this matter. Moreover, such conduct has placed unnecessary burdens on Comtel and its attorneys, and has also constituted a misuse of judicial resources (see Brancoveanu v. Brancoveanu, 179 AD2d 614, 615 [2nd Dept 1992] [awarding $10,000.00 in sanctions where "[t]he plaintiff's conduct in appealing from the order dated November 17, 1989, not only placed an unnecessary burden on the defendant in having to respond to it but also constituted a misuse of judicial resources"]).

Sanctions are warranted only when a party or attorney has abused the judicial process or has caused the unnecessary expense of the court's resources to respond to a wholly frivolous motion, one that is completely without merit in law and which cannot be supported by any reasonable argument ( see Drummond v. Drummond, 305 AD2d 450, 451-452; Levy v. Carol Mgmt. Corp., 260 AD2d 27, 34; see, e.g. Bell v. State of New York, 96 NY2d 811, 812). Here, the Husband's subpoenas and arguments do not raise to the level of lacking any merit or frivolousness warranting sanctions ( see Williams v. Williams, 215 AD2d 980, 981; Brancoveanu v. Brancoveanu, 179 AD2d 614).

This Court finds that it is not necessary to sell the house at this time. Nor has the Husband provided sufficient proof to establish either that the Wife was in contempt of court for her sale of some jewelry to make ends meet during the pendency of this protracted action ( see McCain v. Dinkins, 84 NY2d 216, 226; Pereira v. Pereira, 35 NY2d 301, 308; Hoglund v. Hoglund, 234 AD2d 794), or that the instant application is frivolous or lacks any merit ( 22 NYCRR 130-1.1; see Williams v. Williams, 215 AD2d 980, 981; Brancoveanu v. Brancoveanu, 179 AD2d 614). V