| Alev Med. Supply, Inc. As Assignee of Kwame Thompson v Geico Ins. Co. |
| Motion No: 2012-00109 kc |
| Slip Opinion No: 2013 NY Slip Op 79697(U) |
| Decided on June 28, 2013 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Alev Medical Supply, Inc. As Assignee of Kwame Thompson, Respondent, v GEICO Ins. Co., Appellant. |
Defendant-appellant GEICO Ins. Co, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated November 7, 2011, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on April 17, 2012, appellant perfected the appeal on June 22, 2012. On August 21, 2012, counsel for appellant filed a Stipulation to Discontinue with the Appellate Term, indicating that the parties had agreed to discontinue the underlying action and withdraw the appeal. The stipulation was dated February 15, 2011, more than eighteen months before it was submitted to the Appellate Term. By order to show cause dated August 23, 2012, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to the Rules of the Appellate Terms, Second Department (22 NYCRR) § 730.3 (f) upon the parties or their respective counsel.
Upon the order to show cause and the papers filed in response thereto by the appellant only, it is
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, the Law Office of Emilia I. Rutigliano, P.C., counsel for respondent, shall pay a sanction in the sum of $500.00 to the Lawyers' Fund for Client Protection of the State of New York (see Rules of the Chief Administrator of the Courts [22 NYCRR] §§ 130-1.1[b]; 130-1.3); 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; and it is further,
ORDERED that within 10 days after payment of the sanction, the Law Office of Emilia I. Rutigliano, P.C., shall file proof of payment with the Clerk of this Court.
The rules of this court provides, in relevant part, that "[i]f an appeal or the underlying action or proceeding is wholly or partially settled ... the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of costs and/or sanctions as the court may direct" (Rules of the Appellate Terms, Second Department [22 NYCRR] § 730.3 [f]).
Counsel for defendant-appellant avers that the date set forth on the stipulation was an error, and submits sufficient proof that the stipulation was entered into on August 16, 2012 and filed it with the court no later than August 21, 2012. Counsel for respondent, however, failed to respond at all to the court's order to show cause, which in and of itself warrants the imposition of sanctions.
PESCE, P.J., RIOS and ALIOTTA, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk