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HARDY v. HARDY

281 A.D.2d 515 (2001)

721 N.Y.S.2d 835

JOYCE L. HARDY, Plaintiff, v. ROBERT HARDY, Defendant. AVI J. KASTEN, Nonparty-Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 19, 2001.

Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is modified, as a matter of discretion, by reducing the amount of the sanction from $500 to $150; as so modified, the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in imposing...

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