Appellate Division: Second Judicial Department

M63728

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-00514 Iris Ruiz, respondent, v Rentar Development Corp., appellant. (Index No. 25062/04)

DECISION & ORDER ON MOTION

The defendant having appealed to this court from an order of the Supreme Court, Kings County, dated December 8, 2006, and the appellant having perfected the appeal on July 6, 2007, the respondent having filed a brief on August 6, 2007, and the appellant having filed a reply brief on August 16, 2007, the matter was placed on this court's calendar for October 12, 2007. By letter dated October 11, 2007, counsel for the appellant advised this court that the matter had been resolved and that the appeal was being withdrawn, and the stipulation withdrawing the appeal, also dated October 11, 2007, indicated that the matter was being settled pursuant to an arbitration agreement. The arbitration agreement is dated July 15, 2007. By order to show cause dated October 30, 2007, the parties or their counsel were directed to show cause 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 the court deemed appropriate.

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that within 20 days after service of a copy of this decision and order on motion upon him, John P. Humphreys, counsel for the appellant, shall pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]; 130-1.3); and it is further,

ORDERED that within 20 days after service of a copy of this decision and order on motion upon him, Michael Quintana, counsel for the respondent, shall pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]; 130-1.3); 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 and counsel for the respondent to promptly advise this court that the appeal should not be calendared warrants imposition of sanctions in the amounts indicated.

CRANE, J.P., FLORIO, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court