Appellate Division: Second Judicial Department

M44864

S/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-11778 Gladys White, et al., respondents, v Great Atlantic and Pacific Tea Company, et al., appellants. (Index No. 3213/04)

ORDER TO SHOW CAUSE

The defendants having appealed to this court from an order of the Supreme Court, Kings County, dated October 26, 2005, and having perfected the appeal on February 3, 2006, and no brief having been filed by the respondents, the matter was placed on this court's calendar for May 8, 2006. On May 5, 2006, this Court rejected a stipulation to withdraw the appeal which stated that the case had settled in March 2006. The appellants' counsel was notified by a Deputy Clerk of this Court that the stipulation had been rejected, that the appeal would remain on the calendar of May 8, 2006, and that the Justice Presiding had specifically directed that the appellants' counsel appear for oral argument on that date. The appellants' counsel failed to appear in this Court for oral argument on May 8, 2006. By order to show cause dated July 21, 2006, the appellants' counsel, Boeggeman, George, Hodges & Corde, P. C., and Karen A. Jockimo, 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 them pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.

Now, on the court's own motion and no papers having been filed in response thereto, it is

ORDERED that within 20 days after service upon her of a copy of this decision and order on motion, Karen A. Jockimo, is directed to pay a sanction in the sum of $2,500 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 within 20 days after service upon it of a copy of this decision and order on motion, Boeggeman, George, Hodges & Corde, P.C., 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 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 appellants to promptly advise this court that the appeal should not be calendared warrants imposition of sanctions in the amounts indicated.

CRANE, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court