| Pan Chiropractic As Assignee of Maria Gonzalez v State Farm Ins. Co. |
| Motion No: 2011-01367 kc |
| Slip Opinion No: 2013 NY Slip Op 84284(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
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Pan Chiropractic as Assignee of Maria Gonzalez, Appellant, v State Farm Insurance Co., Respondent. |
Appellant having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated April 18, 2011, and appellant having perfected the appeal on November 16, 2011, a confidential report was prepared by the court. The appeal was placed upon the court's submission calendar of May 22, 2013. By letter dated May 21, 2013, appellant's counsel advised the court that the underlying matter had previously been settled on December 14, 2011. Appellant's counsel provided a copy of the stipulation settling the underlying matter dated December 14, 2011, executed by respective counsel. Counsel for appellant then filed a stipulation withdrawing the appeal dated May 15, 2013.
Upon the order to show cause and the papers filed by respondent in response thereto, and appellant having failed to respond to the order to show cause, it is
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Kopelevich & Feldsherova, P.C., counsel for appellant, 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 within 20 days after service of a copy of this decision and order on motion upon it, Iseman, Cunningham, Riester & Hyde, LLP, counsel for respondent, shall pay a sanction in the sum of $250.00 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, counsel for appellant and counsel for respondent shall file proof of payment with the Clerk of this Court.
The rules of this court provide, 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 December 14, 2011. Thus, under the circumstances, sanctions in the amounts set forth above are warranted.
PESCE, P.J., RIOS and ALIOTTA, JJ., concur..
ENTER:
Paul Kenny
Chief Clerk