Appellate Division: Second Judicial Department

M173744

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2012-07474 Neranda Budhan, respondent, v Little Guyana Bake Shop, et al., appellan (Index No. 13486/09)

DECISION & ORDER ON MOTION ts.

The defendants having appealed to this Court from an order of the Supreme Court, Queens County, dated June 4, 2012, and having perfected the appeal on February 11, 2013, the respondents having filed a brief on April 17, 2013, and the appellants having filed a reply brief on April 23, 2013, the matter was placed on this Court's calendar for February 24, 2014. By letter dated January 31, 2014, counsel for the appellants notified the Court that the case was settled and asked that the appeal be removed from the calendar. By letter dated February 10, 2014, counsel for the appellants sought permission to withdraw the appeal, and attached a stipulation of discontinuance of the above-entitled action dated November 14, 2013. By order to show cause dated March 5, 2014, the appellants 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 and the respondent, 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, Burns, Russo, Tamigi & Reardon, LLP, counsel for the appellants, 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 it of a copy of this decision and order on motion, Frekhtman & Associates, counsel for the respondent, 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 the Clerk of this Court, or her designee, is directed to serve each counsel with a copy of this decision and order on motion; and it is further,

ORDERED that within 10 days after payment of its sanction, each counsel shall file proof of payment of its sanction 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, the appellants' counsel notified the Court that the case had settled after the appeal had been calendared, and the respondent's counsel failed to notify the Court that the case had settled, although the stipulation of discontinuance had been executed on or about November 14, 2013. Thus, under the circumstances, sanctions in the amounts set forth above are warranted.

SKELOS, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court