Badillo v. Badillo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a matrimonial action, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Bivona, J.), dated June 11, 2008, which directed the plaintiff to pay the defendant the sum of $2,000 as a sanction pursuant to 22 NYCRR 130-1.1.
Ordered that the judgment is reversed, on the law, with costs, and the sanction is vacated.
Under the circumstances herein, the plaintiff did not engage in sanctionable conduct by opposing the defendant’s motion, inter alia, to vacate a portion of a prior support order (see 22 *636NYCRR 130-1.1; Rennie-Otote v Otote, 15 AD3d 380, 381 [2005]; Hamilton v…
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