Opinion
February 27, 1989
Appeal from the Supreme Court, Nassau County (Christ, J.).
Ordered that the appeals from so much of the order as set the matter down for trial are dismissed, without costs or disbursements, as an order setting a matter down for trial is not appealable as of right (see, CPLR 5701); and it is further,
Ordered that the order is reversed insofar as reviewed, on the law, without costs or disbursements, and the defendants' applications for sanctions are denied.
The court was without authority to impose sanctions against the appellants for what it believed to be frivolous conduct engaged in by the appellants in the course of jury selection as there was, at that time, no statutory provision or court rule permitting such imposition (see, Matter of A.G. Ship Maintenance Corp. v Lezak, 69 N.Y.2d 1; Ltown Ltd. Partnership v Sire Plan, 69 N.Y.2d 670; Foxfire Enters. v Enterprise Holding Corp., 140 A.D.2d 581). A new part 130 of the Uniform Rules for New York State Trial Courts (22 N.Y.CRR part 130) has been adopted, effective January 1, 1989, which authorizes the imposition of monetary sanctions for frivolous conduct in civil litigation. The new section applies only to acts occurring on or after the effective date and, thus, does not govern this appeal. Thompson, J.P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.