Opinion
June 19, 1995
Appeal from the Family Court, Rockland County (Warren, J.).
Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and the cross motion is denied.
Inasmuch as the Law Guardian failed to serve the appellant with a notice of cross motion (see, CPLR 2215) demanding the imposition of financial sanctions pursuant to 22 N.Y.CRR part 130, the Family Court erred in providing for such relief in the order appealed from (see, Tulchin Assocs. v. Vignola, 186 A.D.2d 183, 186; Cannizzaro v. Cannizzaro, 186 A.D.2d 776, 778; Saba v. Utica Fire Ins. Co., 176 A.D.2d 1212; Marsico v. Southland Corp., 148 A.D.2d 503, 506; Vanek v. Mercy Hosp., 135 A.D.2d 707). Pizzuto, J.P., Hart, Friedmann and Florio, JJ., concur.