Appellate Division: Second Judicial Department

M53493

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2006-00820 Elsa Peraza, etc., et al., appellants, v Lynne L. DiCostanzo, etc., respondent, et al., defendant. (Index No. 4083/04)

DECISION & ORDER ON MOTION

The plaintiffs having appealed to this court from an order of the Supreme Court, Orange County, dated December 20, 2005, and having perfected the appeal on May 22, 2006, the defendant Lynne L. DiCostanzo having filed a brief on June 26, 2006, and the plaintiffs having filed a reply brief on July 11, 2006, the matter was placed on this court's calendar for January 25, 2007. By separate letters dated January 16, 2007, counsel for the plaintiffs and counsel for the defendant Lynne L. DiCostanzo advised this Court that the case had previously settled in the trial court and that a stipulation of discontinuance of the action was filed on October 6, 2006. By order to show cause dated March 12, 2007, 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 them of a copy of this decision and order on motion, Mark R. Bower, counsel for the plaintiffs, and Rende, Ryan & Downes, LLP, counsel for the defendant Lynne L. DiCostanzo, 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, 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 plaintiffs and counsel for the defendant Lynne L. DiCostanzo to promptly advise this court that the action had been settled warrants the imposition of sanctions in the amounts indicated.

MASTRO, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court