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 litigation tactics (see, Watson v City of New York, 178 AD2d 126 , 128), not to resolve personal disagreements between an attorney and the court. Furthermore, even if sanctions were warranted, the court erred in imposing sanctions without affording plaintiff a reasonable opportunity to be heard (see, 22 NYCRR 130-1.1 [d]; Flaherty v Stavropoulos, 199 AD2d 301 , 302). (Appeal from Order of Supreme Court, Erie County, Whelan, J.—Sanctions.) Present—Denman, P. J., Green, Balio, Wesley and Callahan, JJ.