Appellate Division: Second Judicial Department

M177395

S/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2012-04620 Maria Sehne, et al., respondents, v Smithtown Central School District, appellant. (Index No. 36562/09)

DECISION & ORDER ON MOTION

The defendant having appealed to this Court from an order of the Supreme Court, Suffolk County, dated March 21, 2012, and having perfected the appeal on September 12, 2012, the respondents having filed a brief on November 13, 2012, and the appellant having filed a reply brief on November 28, 2012, the matter was placed on this Court's calendar for May 19, 2014. By letter dated April 29, 2014, the appellant's attorney advised the Court that the case had been settled and requested that the appeal be withdrawn. By letter dated May 9, 2014, the appellant's attorney submitted a stipulation signed by the parties withdrawing the appeal and advising the Court that the case had been settled in April 2013. By order to show cause dated June 5, 2014, the appellant 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 appellant and the respondents 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, Ahmuty, Demers & McManus, 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, Kazmierczuk & McGrath, 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 appeal was calendared for May 19, 2014. On April 29, 2014, the appellant's attorney advised the Court that the case had been settled, and by letter dated May 9, 2014, the appellant's attorney submitted a stipulation withdrawing the appeal and advising the Court that the case had been settled in April 2013. Thus, under the circumstances, sanctions in the amount set forth above are warranted.

DILLON, J.P., LOTT, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court