Appellate Division: Second Judicial Department

M64215

S/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2006-09365 Jennifer Cooney, appellant-respondent, v City of New York, et al., respondents- appellants. (Index No. 1043/04)

DECISION & ORDER ON MOTION

The parties having appealed and cross-appealed to this Court from an order of the Supreme Court, Kings County, dated August 9, 2006, and the defendants having perfected the appeal on February 8, 2007, the plaintiff having filed an answering brief on March 8, 2007, the defendants having filed a reply brief on April 12, 2007, and the plaintiff having filed a reply brief on April 20, 2007, the matter was placed on this Court's calendar for October 18, 2007. By letter dated October 4, 2007, this Court was advised that the matter had been resolved and that the appeal and cross appeal were being withdrawn. The stipulation of discontinuance of the action is dated May 23, 2007, and was filed with the Kings County Clerk's Office on June 7, 2007. By order to show cause dated October 30, 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 and cross appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this Court may deem 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 it, Shaw, Licitra, Gulotta, Eserino, & Henry, P.C., counsel for the appellant-respondent, shall 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]; 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 it, Lifflander & Reich, LLP, counsel for the respondents-appellants, shall 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]; 130-1.3); and it is further,

ORDERED that the Clerk of the Supreme Court, Queens 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]); and it is further,

Under the circumstances, the failure of counsel for the parties to promptly advise this court that the action had been settled warrants imposition of sanctions in the amounts indicated.

RIVERA, J.P., SKELOS, FISHER and ANGIOLILLO, JJ., concur

ENTER:

James Edward Pelzer

Clerk of the Court