Appellate Division: Second Judicial Department

M197171

E/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-08747 Michael Kim, respondent, v Lina Yang, et al., defendants, George Hu, appellant. (Index No. 11841/12)

DECISION & ORDER ON MOTION

The defendant George Hu having appealed to this Court from an order of the Supreme Court, Queens County, dated June 19, 2014, and perfected the appeal on November 20, 2014, and the respondent Michael Kim having filed a brief on December 16, 2014, the matter was placed on this Court's calendar for May 8, 2015. By letter dated May 7, 2015, the appellant's attorney advised the Court that the case had been settled on February 19, 2015, and submitted a stipulation dated May 7, 2015, requesting withdrawal of the appeal. By order to show cause dated May 20, 2015, 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, Russo, Apoznanski & Tambasco, 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 him of a copy of this decision and order on motion, Kwangsoo Kim, 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 their respective sanctions, counsel shall each file proof of payment of the 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 appellant and counsel for the respondent failed to notify the Court that the appeal had been rendered academic prior to the date that the appeal was placed on the calendar. Thus, under the circumstances, a sanction in the amount set forth above is warranted.

DILLON, J.P., DICKERSON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court