Susan Pollack, Also Known as Susan von Ohlen, Appellant, v. Marvin Pollack, Defendant, and Lisa Siano et al., Nonparty Respondents

Susan Pollack, Also Known as Susan von Ohlen, Appellant, v Marvin Pollack, Defendant, and Lisa Siano et al., Nonparty Respondents. [688 NYS2d 644] [MAJORITY] —In an action for a divorce and ancillary relief, the plaintiff wife appeals (1) from an order of Supreme Court, Nassau County (Winick, J.), dated January 3, 1997, which denied her motion for costs and an attorney’s fee and the imposition of a sanction on the defendant, his guardian ad litem, and the receiver, and (2), as limited by her brief, from so much of an order of the same court, dated March 12, 1997, as, in effect, denied her cross motion for, inter alia, costs, sanctions and an attorney’s fee. Ordered that the order dated January 3, 1997, is affirmed; and it is further, Ordered that the order dated March 12, 1997, is affirmed insofar as appealed from; and it is further, Ordered that the respondents Lisa Siano and Anthony A. Capetola are awarded one bill of costs. Contrary to the appellant’s contention, the court did not improvidently exercise its discretion in denying her motions, inter alia, to be awarded costs and an attorney’s fee, to impose a sanction upon the defendant, the receiver, and the guardian ad litem. The record fails to show that any of these individuals engaged in conduct which was “completely without merit * * * undertaken * * * to harass or maliciously injure another; or * * * assert [ed] material factual statements that [were] false” (22 NYCRR 130-1.1 [c] [l]-[3]). O’Brien, J. P., Ritter, Thompson and Goldstein, JJ., concur.