Appellate Division: Second Judicial Department

M39124

S/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2004-10317 George Lang, et al., plaintiffs, v Westfield Mortgage Corporation, Inc., et al., defendants third-party plaintiffs-respondents; Hill & Bowles, Inc., third-party defendant-appellant, et al., third-party defendants. (Index No. 24106-00)

DECISION & ORDER ON MOTION

The third-party defendant-appellant, Hill & Bowles, Inc., having appealed to this court from an order of the Supreme Court, Suffolk County, dated August 30, 2004, and having perfected the appeal on May 9, 2005, the respondent having filed a brief on July 7, 2005, and the appellant having filed a reply brief on August 1, 2005, the matter was placed on this court's calendar for January 27, 2006. By letter dated January 23, 2006, counsel for the appellant advised this court that the instant appeal, in effect, had been rendered academic by virtue of the entry of two subsequent orders dated August 1, 2005, and October 31, 2005, respectively. A stipulation dated February 10, 2006, withdrawing the appeal was thereafter forwarded to the Court. By order to show cause dated March 6, 2006, the parties or their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, the law firm of Deegan & Deegan, LLP, counsel for the appellant, is directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, the law firm of Ahmuty, Demers & McManus, counsel for the respondents, is directed to pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve counsel for the parties with a copy of this decision and order on motion; and it is further,

ORDERED that within 10 days after payment of the sanction, counsel for the appellant and the respondents shall file proof of payment with the Clerk of this court.

SCHMIDT, J.P., CRANE, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court