*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 233

CA 16-00596

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, DEJOSEPH, AND SCUDDER, JJ. ALBERT G. FRACCOLA, JR., INDIVIDUALLY, AND AS

50 PERCENT SHAREHOLDER, OFFICER AND DIRECTOR OF

1ST CHOICE REALTY, INC., PLAINTIFF-APPELLANT,

V ORDER 1ST CHOICE REALTY, INC., ET AL., DEFENDANTS, AND CHAD CARSTENSEN, AS EXECUTOR OF THE ESTATE OF

PHYLLIS FRACCOLA, DECEASED, DEFENDANT-RESPONDENT.

ALBERT G. FRACCOLA, JR., PLAINTIFF-APPELLANT PRO SE.

FELT EVANS, LLP, CLINTON (JAY G. WILLIAMS, III, OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered July 20, 2015. The order and judgment determined that plaintiff had engaged in frivolous conduct and awarded defendant-respondent attorney’s fees in the amount of $1,200.

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.

Entered: March 24, 2017 Frances E. Cafarell

Clerk of the Court