Appellate Division: Second Judicial Department

M40988

S/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-02699 Merchants Insurance Company, a/s/o Peter G. Poulos, respondent, v City Employees Union Local 237 Teamsters, appellant. (Index No. 05403-02)

ORDER TO SHOW CAUSE

The defendant having appealed to this court from an order of the Supreme Court, Suffolk County, dated February 22, 2005, and having perfected the appeal on June 3, 2005, and no brief having been filed by the respondent, the matter was placed on this court's calendar for March 6, 2006. By letter dated February 27, 2006, counsel for the appellant advised this court that counsel for both parties had previously agreed that the appeal would be withdrawn but neglected to inform the court. 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 it of a copy of this decision and order on motion, Lawrence, Worden & Rainis, PC, 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 it of a copy of this decision and order on motion, Sheps Law Group, PC, counsel for the respondent, is 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.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court