DECISION ORDER
ORDERED that on the court's own motion, the notice of appeal from so much of the order as, sua sponte, imposed costs upon the appellants and sanctions upon the appellants other than Crucita Negron is treated as an application for leave to appeal from that portion of the order, and leave to appeal is granted (see, CPLR 5701[c]); and it is further,
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the provisions imposing costs and sanctions are deleted.
The Supreme Court improperly determined that the petitioners' application pursuant to Election Law § 16-114 was frivolous as that term is defined in 22 NYCRR 130-1.1. The application was not without legal merit, was not brought in bad faith, and did not assert false material factual statements. Accordingly, the imposition of costs and sanctions for frivolous conduct was unwarranted (see, 22 NYCRR 130-1.1; Bahamonde v. State of New York, 269 A.D.2d 551; Musumeci v. Musumeci, 267 A.D.2d 364; Karnes v. City of White Plains, 237 A.D.2d 575).
In light of our determination, it is unnecessary to reach the appellants' remaining contention.