Appellate Division: Second Judicial Department

M40986

S/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2005-00251 Mary Cochran, respondent, v NEC America, Inc., a/k/a NEC USA, Inc., respondent-appellant, We're Associates, Inc., appellant-respondent. (Index No. 14649/02)

ORDER TO SHOW CAUSE

The defendants having appealed and cross-appealed, respectively, to this court from an order of the Supreme Court, Nassau County, entered November 29, 2004, and the defendant We're Associates, Inc., having perfected its appeal on July 7, 2005, and no briefs having been filed by the respondent-appellant or the respondent, the matter was placed on this court's calendar for March 20, 2006. By letter dated March 14, 2006, counsel for the appellant-respondent advised this court that the case had settled in August 2005, and that the appeal was being withdrawn. By order to show cause dated April 24, 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 thereto, it is

ORDERED that within 20 days after service upon him of a copy of this decision and order on motion, Richard Rubinstein, counsel for the appellant, is directed to pay a sanction in the sum of $1000 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,

ORDERED that within 20 days after service upon them of a copy of this decision and order on motion, Morris, Duffy, Alonso, & Faley , LLP, counsel for the respondent-appellant, and Marshall L. Ochman, counsel for the plaintiff-respondent are each directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,

ORDERED that the Clerk of the Supreme Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.

Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).

Under the circumstances, the failure of counsel for the parties to promptly advise this court that the appeal should not be calendared warrants imposition of sanctions in the amounts indicated.

GOLDSTEIN, J.P., MASTRO, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court