Appellate Division: Second Judicial Department

M174682

S/sl

PETER B. SKELOS, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2013-00426 Frank R. Aronica, respondent, v Seventeen Development, LLC, appellant (Index No. 12696/09)

DECISION & ORDER ON MOTION .

The defendant having appealed to this Court from an order of the Supreme Court, Kings County, dated November 13, 2012, and having perfected the appeal on March 21, 2013, the respondent having filed a brief on May 28, 2013, and the appellant having filed a reply brief on June 10, 2013, the matter was placed on this Court's calendar for March 28, 2014. By letter dated March 11, 2014, counsel for the appellant submitted a stipulation withdrawing the appeal. The letter advised the Court that the case had been settled in September 2013. By order to show cause dated April 11, 2014, the appellant and the respondent, 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 appellant and the respondent 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, Shin, Byrne & Gilchrest, PLLC, 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 it of a copy of this decision and order on motion, Law Offices of Longo & D'Apice, 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 a copy of this decision and order on motion upon counsel for the respective parties by regular mail.

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 appellant's counsel failed to notify the Court that the case had settled until after the appeal had been calendared, and the respondent's counsel failed to notify the Court that the case had settled in September 2013. Thus, under the circumstances, sanctions in the amount set forth above are warranted.

SKELOS, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court