Appellate Division: Second Judicial Department

M46831

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2005-06311 Doris Miller, et al., respondents, v Campbell Hall Health Center, Inc., et al., appellants, et al., defendants. (Index No. 3813/03)

DECISION & ORDER ON MOTION

The defendants Campbell Hall Health Center, Inc., Joseph Jordano, Jack P. Schleifer, Meyer Temkin, and Joan Siegel having appealed to this court from an order of the Supreme Court, Orange County, dated May 9 2005, and having perfected the appeal on December 15, 2005, the respondents having filed a brief on January 12, 2006, and the appellants having filed a reply brief on January 27, 2006, the matter was placed on this court's calendar for September 5, 2006. By letter dated August 16, 2006, counsel for the appellants advised this Court that the case had settled and that a stipulation discontinuing the action had been filed on June 27, 2006. By order to show cause dated September 11, 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, Steinberg & Symer, LLP, counsel for the appellants, 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 within 20 days after service upon it of a copy of this decision and order on motion, Larkin, Axelrod, Ingrassia & Tetenbaum, L.L.P., counsel for the respondents are 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, Orange 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.

PRUDENTI, P.J., MILLER, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court