
    [688 NYS2d 379]
    Mark Stanley, Appellant, v Diane Hawkins, Respondent, et al., Respondent.
    Supreme Court, Appellate Term, First Department,
    January 27, 1999
    APPEARANCES OF COUNSEL
    
      Edwin I. Gorski, New York City, for appellant. Roger J. Bernstein, New York City, for Diane Hawkins, respondent.
   OPINION OF THE COURT

Per Curiam.

Order dated July 7, 1997 affirmed with $10 costs.

The award of costs and/or the imposition of sanctions for frivolous conduct, as defined in 22 NYCRR 130-1.1 (c), is a matter within the trial court’s discretion (see, Golden v Barker, 223 AD2d 769). Our review of the record indicates that a sufficient basis exists for Civil Court to have awarded costs to reimburse tenant for her reasonable attorney’s fees, based upon the petitioner landlord’s institution and continued pursuit of this baseless litigation (see, Pahl Equip. Corp. v Kassis, 182 AD2d 22, lv denied in part, lv dismissed in part 80 NY2d 1005, rearg denied 81 NY2d 782). The court notes that the amount of the sanction is not challenged by landlord on appeal.

Freedman, J. P., and Davis, J., concur.  