Appellate Division: Second Judicial Department

M113411

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2010-01927 Oriana Valdes, plaintiff-respondent, v Victor J. Baez, appellant, Jorge E. Tello, defendant-respondent. (Index No. 022533/06)

DECISION & ORDER ON MOTION

The defendant Victor J. Baez, appealed to this Court from an order of the Supreme Court, Queens County, dated December 15, 2009, and perfected the appeal on April 9, 2010, the defendant-respondent filed a brief on April 21, 2010, and the matter was placed on this Court's calendar for November 23, 2010. By letter dated November 18, 2010, counsel for the appellant advised this Court that the underlying matter had previously settled on September 7, 2010, and the "closing documents" were received by counsel on September 30, 2010. Counsel for the appellant submitted a stipulation to withdraw the instant appeal. By order to show cause dated November 30, 2010, the appellant and the defendant-respondent 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 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 it, Cheven, Keely & Hatzis, Esqs., 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 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]).

Under the circumstances, the failure of Cheven, Keely & Hatzis, Esqs., to promptly advise this Court that a settlement had been reached and that the appeal should not be calendared warrants the imposition of sanctions in the amount indicated.

COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court