| Medical Expertise, P.C., As Assignee of Paulino Facundo v Travelers Prop. Cas. Ins. Co. |
| Motion No: 2015-00420 KC |
| Slip Opinion No: 2017 NY Slip Op 70683(U) |
| Decided on April 6, 2017 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MARTIN M. SOLOMON, J.P.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Medical Expertise, P.C., as Assignee of Paulino Facundo, Appellant, v Travelers Property Casualty Ins. Co., Respondent. |
On the court's own motion to determine whether sanctions are warranted, on an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 30, 2014, and both counsel having attended a Civil Appeals Management Program (CAMP) conference on April 28, 2015, and appellant having perfected the appeal on June 8, 2015, and on or about May 25, 2016, the parties having been sent notification that the appeal would appear on the June 8, 2016 ready-day calendar; and on June 7, 2016, counsel for appellant having notified the court in person, that the matter had been settled on July 23, 2015, more than ten months earlier. By order to show cause returnable July 15, 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 on behalf of the parties, it is
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Gary Tsirelman, PC, counsel for appellant, shall pay a sanction in the sum of $250 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 Aloy O. Ibuzor, counsel for respondent, shall pay a sanction in the sum of $250 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 by regular mail; and it is further,
ORDERED that within 10 days after payment of their respective sanctions, counsel shall each file proof of payment of its sanction with the Clerk of this Court.
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]).
Here, counsel for the appellant and the respondent failed to timely notify the Court that the action had been settled on July 23, 2015. Thus, under the circumstances, sanctions in the amount set forth above are warranted.
SOLOMON, J.P., ALIOTTA and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk