Opinion
2003-05604.
Decided June 1, 2004.
In an action, inter alia, for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Westchester County (Spolzino, J.), entered May 27, 2003, which denied her motion to disqualify the defendant's attorney and granted that branch of the defendant's cross motion which was to impose a sanction pursuant to 22 NYCRR 130-1.1 for frivolous motion practice.
Harvey G. Landau, White Plains, N.Y. (Diane Welch Bando of counsel), for appellant.
Bender Jenson Brennan Silverstein, LLP, White Plains, N.Y. (Joel C. Bender of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, STEPHEN G. CRANE, STEVEN W. FISHER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment directing the plaintiff to pay costs, pursuant to 22 NYCRR 130-1.2 in the sum of $12,000.
Contrary to the plaintiff's contention, the trial court providently exercised its discretion in denying her motion to disqualify the defendant's attorney ( see Eisenstadt v. Eisenstadt, 282 A.D.2d 570; Olmoz v. Town of Fishkill, 258 A.D.2d 447; Schonwit v. Schonwit, 194 A.D.2d 780) and in granting that branch of the defendant's cross motion which was to impose a sanction pursuant to 22 NYCRR 130-1.1 for frivolous motion practice and awarding the sum of $12,000, representing the defendant's costs in opposing the motion ( see 22 NYCRR 130-1.1 and 130-1.2; Greene v. Merchants Businessmen's Mut. Ins. Co., 259 A.D.2d 519; East N.Y. Sav. Bank v. Sun Beam Enters., 256 A.D.2d 78; Fern v. Brown, Harris, Stevens, 190 A.D.2d 515). The award of costs, however, should have been entered in the form of a judgment ( see 22 NYCRR 130-1.2). Thus, we remit the matter to the Supreme Court, Westchester County, for entry of an appropriate judgment.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.