Tavella v. Tavella

*524Order, Supreme Court, Nassau County (Joseph A. DeMaro, J.), entered on or about August 20, 2004, which, upon reargument, adhered to a prior determination to sanction the nonparty appellant for frivolous motion practice, unanimously reversed, on the law and the facts, without costs, and the sanction order vacated. Appeal from order, same court and Justice, entered January 26, 2004, which issued the original sanction, unanimously dismissed, without costs, as academic, in light of the foregoing.

Appellant is counsel for defendant wife in this matrimonial proceeding. The parties were divorced in…