Appellate Division: Second Judicial Department

M202111

S/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2014-04404 In the Matter of Town of Oyster Bay, appellant, v Allstate Insurance Company, respondent. (Index No. 15287/12)

DECISION & ORDER ON MOTION

The petitioner having appealed to this Court from an order of the Supreme Court, Nassau County, dated March 25, 2014, and the petitioner having perfected the appeal on July 23, 2014, and no brief having been filed by the respondent, the matter was placed on this Court's calendar for October 29, 2015. By letter dated October 8, 2015, the attorney for the petitioner advised the Court that the underlying proceeding had been settled and requested lease to withdraw the appeal. Attached to the letter was a stipulation of discontinuance dated July 30, 2014. By order to show cause dated October 21, 2015, the appellant or its 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 or its counsel pursuant to 22 NYCRR 670.2(g) as this Court may deem appropriate.

Now, upon the order to show 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, Cascone & Kluepfel, LLP, 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 the Clerk of this Court, or her designee, is directed to serve counsel with a copy of this decision and order on motion; and it is further,

ORDERED that within 10 days after payment of the sanction, counsel shall 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, the appellant's counsel did not notify the Court that the case had settled on July 30, 2014, until after the appeal had been calendared. Thus, under the circumstances, a sanction in the amount set forth above is warranted.

RIVERA, J.P., DICKERSON, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court