Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, with costs, and the petitioner's motion pursuant to 22 NYCRR 130-1.1 for costs in the form of reasonable attorney's fees for frivolous conduct is denied.
"The court, in its discretion, may award to any party or attorney in any civil action or proceeding before the court, except where prohibited by law, costs in the form of reimbursement for actual expenses reasonably incurred...
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