eviction was vacated. Counsel's appearance for the petitioner imputes knowledge of the [*4]court's Decision/Order on petitioner. Further, the case was restored
to July 31, 2019 for a hearing. An eviction could not be scheduled if the case was scheduled for a
hearing[FN3].
Petitioner's request to the marshal to issue a notice of eviction after the warrant was vacate is
frivolous conduct which can result in an unlawful eviction.
Conclusion
22 NYCRR 130-1.1 allows the court, in its discretion, to award to any party
in any civil action costs in the form of reimbursement of actual expenses reasonably incurred
and reasonable attorney's fees, resulting from frivolous conduct as defined in this part. Costs
and/or sanctions can be imposed upon the court's own initiative, after a reasonable opportunity to
be heard. The form of the hearing shall depend upon the nature of the conduct and the
circumstances of the case. 22 NYCRR 130-1.1d
22 NYCRR 130-1.1(b) states: By signing a paper, an attorney or party certifies that, to the
best of that person's knowledge, information and belief, formed after an inquiry reasonable under
the circumstances (1) the presentation of the paper or the contentions therein are not frivolous as
defined in section 130-1.1(c) of this subpart.
Frivolous conduct is defined in §130-1.1(c)(1) as conduct completely
without merit in law or fact and cannot be supported by a reasonable argument for an extension,
modification or reversal of existing law. The appropriate remedy depends upon the facts and
circumstances. In Ruffalo v. Ackerman, 2014 NY Slip Op 51744(U) decided December 12,
2014, the court imposed costs on plaintiff of $250.00 because of plaintiff's submission of