ORDERED that the orders are affirmed, with one bill of costs payable by the appellant personally.
Contrary to the appellant's contentions, the Surrogate properly dismissed his petition which alleged, inter alia, wrongful ejectment, and granted costs, sanctions, and attorney's fees against him because of his frivolous and vexatious litigation practices in this proceeding. Moreover, the Surrogate providently exercised his discretion in setting the amount of attorney's fees (see, Nicastro v. Park, 186 A.D.2d 805, citing DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 881).
The respondent's request to impose a sanction against the appellant for the filing and prosecution of this appeal is denied.
BRACKEN, J.P., O'BRIEN, KRAUSMAN and GOLDSTEIN, JJ., concur.
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