| Webster Dst Med., P.C. As Assignee of Luis Hernandez v Praetorian Ins. Co. |
| Motion No: 2012-01796 KC |
| Slip Opinion No: 2015 NY Slip Op 76853(U) |
| Decided on June 5, 2015 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Webster DST Medical, P.C. as Assignee of Luis Hernandez, Respondent, v Praetorian Ins. Co., Appellant. |
Appellant Praetorian Insurance Co., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated June 7, 2012, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on September 13, 2012, and appellant having perfected the appeal on March 29, 2013, on March 18, 2015, the appeal was noticed for a submission calendar. By letter dated March 24, 2015, appellant's counsel submitted a Stipulation of Discontinuance With Prejudice, signed by both parties and dated July 2, 2014, more than 8 months earlier. By order to show cause dated April 16, 2015, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to the Rules of the Appellate Terms, Second Department (22 NYCRR) § 730.3 (f) upon the parties or their respective counsel.
Upon the order to show cause and the papers filed on behalf of appellant only, it is
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Rossillo & Licata, PC, counsel for appellant, shall pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York (see Rules of the Chief Administrator of the Courts [22 NYCRR] §§ 130-1.1[b]; 130-1.3); and it is further,
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, the Law office of Emilia I. Rutigliano, counsel for respondent, shall pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York (see Rules of the Chief Administrator of the Courts [22 NYCRR] §§ 130-1.1[b]; 130-1.3); and it is further,
ORDERED that the Clerk of this Court, or his designee, shall serve a copy of this decision and order on motion upon each counsel by regular mail; 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.
The rules of this court provides, in relevant part, that "[i]f an appeal or the underlying action or proceeding is wholly or partially settled ... the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of costs and/or sanctions as the court may direct" (Rules of the Appellate Terms, Second Department [22 NYCRR] § 730.3 [f]).
Here, counsel for the appellant and the respondent failed to timely notify the Court that the action had been settled on July 2, 2014. Thus, under the circumstances, sanctions in the amount set forth above are warranted.
PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk