Appellate Division: Second Judicial Department

M174438

E/sl

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-07606, 2013-00653 John Paolillo, et al., respondents, v North Merrick Fire District, et al., appellants (and another title). (Index No. 7895/10)

DECISION & ORDER ON MOTION

The defendants, North Merrick Fire District, North Merrick Fire Department, Inc., and Dale Carbone, having appealed to this Court from two orders of the Supreme Court, Nassau County, dated May 11, 2012, and November 19, 2012, respectively, and having perfected the appeals on February 7, 2013, the respondents having filed a brief on April 11, 2013, and the appellants having filed a reply brief on April 26, 2013, the matter was placed on this Court's calendar for March 10, 2014. A stipulation was received by the Court on March 4, 2014, withdrawing the appeals. By letter dated March 5, 2014, counsel for the appellants notified the Court that the case had been settled on August 23, 2013. By order to show cause dated March 14, 2014, the appellants and the respondents, or their respective 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 appellants and the respondents or their respective counsel pursuant to 22 NYCRR 670.2(g) as this Court may deem appropriate.

Now, 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, Silverman, Sclar, Shin & Byrne, PLLC, 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, Gassler & O'Rourke P.C., counsel for the respondents, 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 did not notify the Court that the case had settled until after the appeal had been calendared, and the respondents' counsel failed to notify the Court that the case had settled on August 23, 2013. Thus, under the circumstances, sanctions in the amounts set forth above are warranted.

DICKERSON, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court