207 A.D.2d 749; 616 N.Y.S.2d 962;
1994 N.Y. App. Div. LEXIS 9172, *

In re Estate of Nicholas Marsh a/k/a Nicholas V. Marsh, Deceased. Adrienne Marsh Lefkowitz, Petitioner-Appellant, Bank of New York, Respondent-Respondent, Claudia Appelbaum, et al., Remaindermen Beneficiary-Respondents.

52623

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT

207 A.D.2d 749; 616 N.Y.S.2d 962; 1994 N.Y. App. Div. LEXIS 9172

September 29, 1994, Entered

JUDGES: [*1]  Sullivan, J.P., Carro, Kupferman, Nardelli, Tom, JJ.

OPINION: Order, Surrogate's Court, New York County (Eve Preminger, S.), entered on or about July 28, 1993, which directed petitioner to pay $ 1000 in sanctions and $ 900 in costs, unanimously affirmed, with costs.

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 AD2d 578; 179 AD2d 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 Ltd. v Ayyub, 187 AD2d 373; 22 NYCRR 130-1.1, 589 N.Y.S.2d 486[d]). The written order of the Surrogate sufficiently complied with the requirements of the Uniform Rules ( Lynn v. Barnes & Noble, 189 AD2d 560, 592 N.Y.S.2d [*2]  252) in explaining the relatively modest sanction imposed under the circumstances of this case.

ENTERED: SEPTEMBER 29, 1994