Appellate Division: Second Judicial Department

M46830

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2005-07850 Olga Muniz, appellant, v N&D Consulting, Inc., et al., respondents. (Index No. 834/03)

DECISION & ORDER ON MOTION

The plaintiff having appealed to this court from an order of the Supreme Court, Kings County, dated July 18, 2005, and having perfected the appeal on April 11, 2006, the respondent having filed a brief on May 12, 2006, and the appellant having filed a reply brief on May 30, 2006, the matter was placed on this court's calendar for September 7, 2006. At oral argument, counsel for the appellant advised this Court that the case had "just settled" and that the appeal was being withdrawn. By letter dated September 7, 2006, counsel for the appellant advised this Court that the case had settled on July 18, 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, Taub and Marder, 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 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 appellant to promptly advise this court that the appeal should not be calendared warrants imposition of sanctions in the amount indicated.

FLORIO, J.P., KRAUSMAN, LUCIANO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court