Appellate Division: Second Judicial Department

M203619

S/sl

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS

SHERI S. ROMAN

BETSY BARROS, JJ.

2014-04835 Charles Riehman, plaintiff-respondent, v Elite Properties L.I., LLC, doing business as Broadway Bar, appellant, Dillon O'Regan, etc., defendant-respondent. (Index No. 11841/12)

DECISION & ORDER ON MOTION

The defendant Elite Properties L.I., LLC, doing business as Broadway Bar, having appealed to this Court from an order of the Supreme Court, Suffolk County, dated April 24, 2014, and having perfected the appeal on July 18, 2014, and no briefs having been filed by the plaintiff-respondent or the defendant-respondent, the matter was placed on this Court's calendar for September 24, 2015. By letter dated August 17, 2015, the appellant's attorney advised the Court that the case had been settled, and requesting withdrawal of the appeal on the ground that the appeal had been rendered academic. By letter dated August 21, 2015, the appellant's attorney advised the Court that the case had been settled in August 2014. By order to show cause dated November 2, 2015, the appellant or its counsel, was 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.

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 Lewis, Brisbois, Bisgaard & Smith, 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 its 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 attorney for the appellant failed to notify the Court that the action had been settled 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 warraned.

ENG, P.J., CHAMBERS, ROMAN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court