KIVO v. KIVO

Ordered that the orders are affirmed, with one bill of costs.

The defendant's failure to appear for two scheduled examinations before trial was deliberate and contumacious. He failed to offer a reasonable excuse for the defaults (see, Read v Dickson, 150 A.D.2d 543; Ferraro v Koncal Assocs., 97 A.D.2d 429). Contrary to his contentions, there was no need for the court to consider affidavits or time and work sheets before awarding the plaintiff $500 in counsel fees, since that award was in the nature of a sanction for failure to comply with discovery orders (see, Jacobs v Levy, 154 A.D.2d 654, 655).

We have reviewed the defendant's remaining contentions and conclude that they are without merit. Mangano, P.J., Sullivan, O'Brien and Pizzuto, JJ., concur.