Opinion
November 18, 1992
Appeal from the Supreme Court, Oneida County, Parker, J.
Present — Boomer, J.P., Pine, Lawton, Fallon and Doerr, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly enforced the stipulation and denied defendant's cross motion to rescind it (see, Rivera v State of New York, 115 A.D.2d 431). The court erred, however, in imposing sanctions on defendant because the cross motion was not completely devoid of merit in law and fact ( 22 NYCRR 130-1.1 [c] [1]; cf., Liker v Grossman, 175 A.D.2d 911, 913-914). The fourth paragraph of the order is therefore modified by vacating the $1,500 attorney's fee award pursuant to 22 N.Y.CRR part 130.