Appellate Division: Second Judicial Department

M184041

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-04191 In the Matter of Arnold Golus, deceased. Ita Golus Lopper, etc., respondent; Saul Eagle, appellant. (File No. 3782/10)

DECISION & ORDER ON MOTION

Saul Eagle having appealed to this Court from an order of the Surrogate's Court, Kings County, dated November 1, 2012, and having perfected the appeal on May 10, 2013, the respondent having filed a brief on June 4, 2013, and the appellant having filed a reply brief on June 19, 2013, the matter was placed on this Court's calendar for August 7, 2014. By letter dated July 3, 2014, the appellant's attorney advised the Court that the case had been settled and asked that the appeal be withdrawn. The appellant's counsel submitted a stipulation of settlement dated October 20, 2013. By order to show cause dated August 20, 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.

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, Andrew M. Krisel, 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, I. Peter Rayo, 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 appeal was calendared for August 7, 2014. On July 3, 2014, the appellant's attorney submitted the stipulation of settlement dated October 20, 2013, advised the Court that the case had been settled, and asked to withdraw the appeal. Thus, under the circumstances, sanctions in the amounts set forth above are warranted.

SKELOS, J.P., DICKERSON, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court