Appellate Division: Second Judicial Department

M164032

S/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-04882 David Reinhardt, plaintiff-respondent, v Perry Mansions, L.P., et al., defendants-respondents, Minor Bird, Inc., doing business as Doma CafÉ Gallery, appellant (and third/fourth-party actions). (Index No. 6853/10)

ORDER TO SHOW CAUSE

The defendant Minor Bird, Inc., doing business as Doma CafÉ Gallery, having appealed to this Court from an order of the Supreme Court, Kings County, dated March 21, 2012, and having perfected the appeal on September 25, 2012, the respondents having filed their respective briefs on October 31, 2012, the matter was placed on this Court's calendar for September 12, 2013. By letter dated August 19, 2013, counsel for the appellant sought permission to withdraw the appeal. Attached to that letter was a copy of stipulation dated December 20, 2012, discontinuing the above-entitled action. By order to show cause dated September 19, 2013, the appellant and the respondents 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 appellant, the respondents, and/or their respective counsel pursuant to 22 NYCRR 670.2(g) as this Court may deem appropriate.

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Law Offices of Charles J. Siegel, counsel for the appellant, 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 within 20 days of service upon them of a copy of this decision and order on motion, the firms of Gannon, Lawrence & Rosenfarb, and Zalman, Schnurman & Miner, P.C., counsel for the defendants-respondents and the plaintiff-respondent, respectively are each directed to pay a sanction in the sum of $100 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 her 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 respective sanctions, Law Offices of Charles J. Siegel, Gannon, Lawrence & Rosenfarb, and Zalman, Schnurman & Miner, P.C., shall each file proof of payment with the Clerk of this Court.

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]). Here, after the appeal had been calendared for Spetember 12, 2013, the appellant's counsel notified the Court on August 19, 2013, that the above-entitled action had been discontinued in December 2012. Thus, under the circumstances, sanctions in the amount set forth above are warranted.

BALKIN, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court