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ANTHONY v. ANTHONY

24 A.D.3d 694 (2005)

807 N.Y.S.2d 394

JUDITH ANTHONY, Respondent, v. ROBERT ANTHONY, Appellant.

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

December 27, 2005.

Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and those branches of the plaintiff's motion which were pursuant to CPLR 3126 and for an award of an attorney's fee are denied.

While the nature and degree of the penalty to be imposed on a motion pursuant to CPLR 3126 is a matter of discretion for the court (see Castellano v. Mainco El. & Elec. Corp., 292 A.D.2d 556

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