Ordered that the order is affirmed, with costs.
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in declining to award him relief under Civil Rights Law § 70-a (1), assuming that the action was properly characterized as a Strategic Lawsuit Against Public Participation ( see Matter of West Branch Conservation Assn. v. Planning Bd. of Town of Clarkstown, 222 AD2d 513).