In an action, inter alia, for a divorce
Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment directing the plaintiff to pay costs, pursuant to 22 NYCRR 130-1.2 in the sum of $12,000.
Contrary to the plaintiffs contention, the trial court providently exercised its discretion in denying her motion to disqualify the defendant’s attorney (see Eisenstadt v Eisenstadt, 282 AD2d 570 [2001]; Olmoz v Town of Fishkill, 258 AD2d 447 [1999]; Schonwit v Schonwit, 194 AD2d 780 [1993]) and in granting that branch of the defendant’s cross motion which was to impose a sanction pursuant to 22 NYCRR 130-1.1 for frivolous motion practice and awarding the sum of $12,000, representing the defendant’s costs in opposing the motion (see 22 NYCRR 130-1.1 and 130-1.2; Greene v Merchants & Businessmen’s Mut. Ins. Co., 259 AD2d 519 [1999]; East N.Y. Sav. Bank v Sun Beam Enters., 256 AD2d 78 [1998]; Fern v Brown, Harris, Stevens, 190 AD2d 515 [1993]). The award of costs, however, should have been entered in the form of a judgment (see 22 NYCRR 130-1.2). Thus, we remit the matter to the Supreme Court, Westchester County, for entry of an appropriate judgment. Santucci, J.P., Smith, Crane and Fisher, JJ., concur.