| Bank of Am., N.A. v Cornella Ardelean |
| Motion No: 2010-02775 qc |
| Slip Opinion No: 2013 NY Slip Op 84283(U) |
| Decided on September 3, 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
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Bank of America, N.A., Respondent, v Cornella Ardelean, Appellant. |
The defendant-appellant Cornelia Ardelean, having appealed to this court from an order of the Civil Court of the City of New York, Queens County, dated September 24, 2010, and appellant having perfected the appeal on March 3, 2011, and the matter having come on the calendar for oral argument on April 10, 2013, and on April 17, 2013, counsel for the appellant having submitted a Stipulation Vacating Judgment and Discontinuing the Action to the Appellate Term dated April 7, 2011.
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, CAMBA Legal Services, Inc., counsel for appellant, shall pay a sanction in the sum of $100.00 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, CAMBA Legal Services, Inc., 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]).
Here, the appellant's counsel notified the Court that the case had settled after the appeal had been calendared, although the settlement had occurred on April 7, 2011. Thus, under the circumstances, a sanction in the amount set forth above is warranted.
ALIOTTA, J.P., PESCE and RIOS, JJ., concur..
ENTER:
Paul Kenny
Chief Clerk