of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Appellant National Liability & Fire Ins. Co, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated February 11, 2013, and both counsel having attended a Civil Appeals Management Program (CAMP) conference on August 1, 2013, and appellant having perfected the appeal on January 31, 2014, and respondent having filed it's brief on February 14, 2014, and appellant having filed a reply brief on February 21, 2014, and on or about March 16, 2016, the parties having been sent notification that the appeal would appear on the April 5, 2016 submission calendar, and on March 22, 2016, counsel for respondent having notified the court via letter, that the matter had been settled on July 2, 2014, more than twenty months earlier. By order to show cause dated March 23, 2016, 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 in response thereto, it is

ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, the Law Offices of Moira Doherty, PC, counsel for appellant, 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 within 20 days after service of a copy of this decision and order on motion upon it, the Law Office of Emilia Rutigliano, PC, 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 within 20 days after service of a copy of this decision and order on motion upon it, Rossillo & Licata, outside counsel for appellant, 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 for the parties by regular mail.

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]).

Under the circumstances, the failure of the respective law offices to promptly advise this Court that a settlement had been reached and that the appeal should not be calendered warrants the imposition of sanctions in the amounts indicated. In determining the appropriate sanction, the court considered the fact that 20 months elapsed from the time the case was settled and when the Appellate Term was notified of the settlement. In addition, the court considered that the Law Office of Emilia Rutigliano, PC has been previously sanctioned for violating the aforesaid rule.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk