W.P. Schaefer Construction Co‪.‬

DECISION & ORDER In an action to recover damages for breach of contract, the plaintiff appeals (1) as limited by its
brief, from so much of an order of the Supreme Court, Nassau County (Roncallo, J.), dated June 5, 1989, as granted that branch
of the defendant's cross motion which was for the imposition of costs and sanctions pursuant to 22 NYCRR 130-1 in the amount
of $10,000, and (2) from an order of the same court, dated July 31, 1990, which amended the order dated June 5, 1989, by reducing
the award of costs to $2,200. Ordered that the appeal from the order dated June 5, 1989, is dismissed, without costs or disbursements, for failure to serve
and file a notice of appeal within the time limitations set forth in CPLR 5513; and it is further, Ordered that the order
dated July 31, 1990 is reversed, on the law, without costs or disbursements, that branch of the defendant's cross motion which
was for the imposition of costs and sanctions is denied, and the order dated June 5, 1989, is modified accordingly.