The Surrogate correctly found that petitioner's motion to disqualify opposing counsel was frivolous, since the motion added nothing in either fact or theory to petitioner's prior unsuccessful motions for the same relief on identical grounds (see, 179 A.D.2d 578; 179 A.D.2d 581). Having been apprised by the court of her intention to consider the issues of costs and sanctions, and then availing herself of the opportunity to submit an affidavit in opposition, petitioner was provided adequate notice and opportunity to be heard, despite the absence of a formal evidentiary hearing (Dubai Bank v. Ayyub, 187 A.D.2d 373; 22 NYCRR 130-1.1 [d]). The written order of the Surrogate sufficiently complied with the requirements of the Rules of the Chief Administrator (Lynn v. Barnes Noble, 189 A.D.2d 560) in explaining the relatively modest sanction imposed under the circumstances of this case.
Concur — Sullivan, J.P., Carro, Kupferman, Nardelli and Tom, JJ.