Appellate Division: Second Judicial Department

M85464

S/cb

STEVEN W. FISHER, J.P.

HOWARD MILLER

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2009-00267 Philip Katz, et al., appellants, v East 13th Street Tifereth Place, LLC, et al., respondents. (Index No. 21229/08)

DECISION & ORDER ON MOTION

The plaintiffs having appealed to this court from an order of the Supreme Court, Kings County, dated November 18, 2008, and this court having noticed the matter for a CAMP conference, and, counsel for the appellant having appeared at the conference without any of his clients. By order to show cause dated March 13, 2009, counsel for the appellants and the respondents were directed to show cause why an order should or should not be made and entered imposing such sanctions upon counsel for the appellants as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2). Application by the respondents to dismiss the appeal on the ground that it is frivolous.

On the court's own motion and the papers filed in support thereof and in opposition thereto, and upon the papers filed in support of the respondents' application to dismiss the appeal, it is

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Frekhtman & Associates, counsel for the appellants,is directed to pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve counsel for the parties with a copy of this decision and order on motion; and it is further,

ORDERED that within 10 days after payment of the sanction, Frekhtman & Associates, shall file proof of payment with the Clerk of this court; and it is further,

ORDERED that the application to dismiss the appeal is denied without prejudice to seeking that relief by motion.

FISHER, J.P., MILLER, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court