Appellate Division: Second Judicial Department

M44311

S/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-05099 Lester Jackson, respondent, v Maimonides Medical Center, et al., respondents-appellants, Century 22 Builders Group, appellant-respondent. (Index No. 30251/01)

DECISION & ORDER ON MOTION

The defendant Century 22 Builders Group having appealed, and the defendants Maimonides Medical Center and MMC Management Corp. having cross-appealed, to this court from an order of the Supreme Court, Kings County, dated March 19, 2005, and the appeal having been perfected on August 11, 2005, and no brief having been filed by the respondents-appellants or the respondent, the matter was placed on this court's calendar for March 24, 2006. On or about March 21, 2006, this Court learned that the case had settled in October 2005. By order to show cause dated July 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 J. Pelliccio, Esq., counsel for the appellant-respondent, 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, Wenick & Finger, P.C., counsel for the respondents-appellants, and Michael Dreishpoon, Esq., 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court