Appellate Division: Second Judicial Department

M184097

S/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2012-08416 Sunken Pond Estates Homeowners Association, Inc., et al., appellants, v Sunken Pond Estates, Inc., et al., respondents (and a third-party action). (Index No. 43653/08)

ORDER TO SHOW CAUSE

The plaintiffs having appealed to this Court from an order of the Supreme Court, Suffolk County, dated June 21, 2012, and the plaintiffs having perfected the appeal on April 3, 2013, the respondents having filed a brief on May 7, 2013, the matter was placed on this Court's calendar for September 12, 2014. By letter dated September 10, 2014, the attorney for the respondents advised the Court that the underlying action had been settled in July 2013. By letter dated September 11, 2014, the attorneys for the appellants requested that the oral argument of the appeal be adjourned because the attorney who had handled the appeal was on vacation, and the writer could not determine whether the appeal should be withdrawn. A stipulation was received by the Court on September 29, 2014, withdrawing the appeal. By order to show cause dated October 28, 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.

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, Cohen & Warren, P.C., 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, Certilman, Balin, Adler & Hyman, LLP, 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 their respective sanctions, counsel shall each 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, counsel for the appellants and the respondents failed to notify the Court that the action had been settled and the appeal had been rendered academic prior to the date that the appeal was placed on the calendar. Thus, under the circumstances sanctions in the amounts set forth above are warranted.

MASTRO, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court