WEISSMAN v. WEISSMAN

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.