Benatovich v. Koessler

—Order unanimously reversed on the law without costs. Memorandum: Supreme Court abused its discretion in imposing sanctions against plaintiff for engaging in frivolous conduct (see, 22 NYCRR 130-1.1). Plaintiff’s request that the court recuse itself from the proceeding on the Law Guardian’s fee application "was not an abuse of judicial process approaching sanctionable conduct” (Parks v Leahey & Johnson, 81 NY2d 161, 165; see, Matter of Bozer v Higgins, 204 AD2d 979; cf., Leventritt v Eckstein, 206 AD2d 313). The rule permitting the imposition of sanctions is designed to discourage abusive…