ORDERED that on the court's own motion, S. Jerome Levey's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the order is modified, on the law, by (a) deleting the provision thereof sua sponte imposing a sanction upon S. Jerome Levey, and (b) deleting the provision thereof granting those branches of the cross motions which were to impose a sanction upon the plaintiffs, and substituting therefor a provision denying those branches of the cross motions; as so modified, the order is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to the defendants appearing separately and filing separate briefs.
The Supreme Court improvidently exercised its discretion in imposing sanctions pursuant to 22 NYCRR 130-1.3. Sanctions are to be imposed where the action is "completely without merit in law and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law" ( 22 NYCRR 130-1.1[c][1]; see Felix v. Herby Realty Corp., 287 A.D.2d 683, 685). Such was not the case here. Further, the court erred in sua sponte imposing a sanction upon the plaintiffs' attorney for the additional reason that he was not afforded a reasonable opportunity to be heard (see Cangro v. Cangro, 272 A.D.2d 286).
However, the Supreme Court correctly determined that the defendants are entitled to summary judgment dismissing the second amended complaint. In each of their separate cross motions, the defendants established their prima facie entitlement to summary judgment (see Zuckerman v. City of New York, 49 N.Y.2d 557). The burden then shifted to the plaintiffs to lay bare their proof to show that there was a triable issue of fact (see Kaplan v. Hamilton Med. Assocs., 262 A.D.2d 609, 610). The plaintiffs failed to submit sufficient evidence to meet this burden, and thus summary judgment was properly granted.
The plaintiffs' remaining contentions are without merit.
ALTMAN, J.P., ADAMS, TOWNES and CRANE, JJ., concur.