Appellate Division: Second Judicial Department

M213827

S/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

THOMAS A. DICKERSON

ROBERT J. MILLER, JJ.

2015-02660 James Bauer, et al., plaintiffs, v Special Brands NY, Inc., et al., defendants; William Pager, nonparty-appellant; Law Office of Yuriy Prakhin, P.C., nonparty-respondent. (Index No. 500418/09)

DECISION & ORDER ON MOTION

Appeal by nonparty William Pager from an order of the Supreme Court, Kings County, dated July 7, 2014, which was determined by decision and order of this Court dated April 27, 2016. By order to show cause contained in the decision and order dated April 27, 2016, the nonparty-appellant and the nonparty-respondent were directed to show cause why an order should or should not be made and entered imposing such sanctions and/or costs, if any, including appellate counsel fees, against the nonparty-appellant pursuant to 22 NYCRR 130-1.1(c) as this Court may deem appropriate.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the nonparty-appellant is directed to pay a sanction to the nonparty-respondent in the sum of $1,500 as reasonable appellate counsel fees (see 22 NYCRR 130-1.1[a]), and shall pay that sum to the nonparty-respondent within 20 days after service of a copy of this decision and order on motion upon the nonparty-appellant; and it is further,

ORDERED that the Clerk of the Supreme Court, King County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this decision and order on motion upon the nonparty-appellant and the nonparty-respondent by regular mail; and it is further,

 ORDERED that within 10 days after payment of the sanction the nonparty-appellant shall file proof of such payment with the Clerk of this Court.

By decision and order dated April 27, 2016, this Court affirmed an order of the Supreme Court, Kings County dated July 7, 2014, which, inter alia, granted that branch of the cross motion of the nonparty Law Office of Yuriy Prakhin, P.C., which was to vacate a prior order of the same court dated August 15, 2013, rejecting the determination of a court attorney referee dated April 4, 2013, dividing legal fees between the nonparties. This Court stated that the nonparty William Pager "argues only that the referee's substantive determination as to the division of legal fees was inequitable. Pager's failure to even address the sole issue determined by the order appealed from-whether the Supreme Court had the authority to review the referee's determination-indicates a lack of good faith in pursuing this appeal. Since Pager's conduct appears to be frivolous within the meaning of 22 NYCRR 130-1.1(c), the imposition of sanctions for the prosecution of this appeal may be appropriate (see e.g. Curet v DeKalb Realty, LLC, 127 AD3d 916, 917; Gihon, LLC v 501 Second St., LLC, 103 AD3d 840, 842-843)." Based on the papers submitted in response to the order to show cause, the imposition of sanctions and/or costs, against the nonparty-appellant is warranted pursuant to 22 NYCRR 130-1.1(c) in the amount indicated.

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

ENTER:

Aprilanne Agostino

Clerk of the Court