| Jamaica Ave. Chiropractic, P.C., As Assignee of Flora Vazquez v Geico Ins. Co. |
| Motion No: 2016-00762 QC |
| Slip Opinion No: 2018 NY Slip Op 67746(U) |
| Decided on March 14, 2018 |
| 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
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Jamaica Avenue Chiropractic, P.C., as Assignee of Flora Vazquez, Respondent, v GEICO Insurance Company, Appellant. |
Appellant GEICO General Insurance Co., having appealed to this court from an order of the Civil Court of the City of New York, Queens County, entered January 20, 2016, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on May 5, 2016, and appellant having perfected the appeal on July 28, 2016, and respondent's brief having been filed on August 16, 2016 and a reply brief having been filed by appellant on August 23, 2016. Both parties having been sent a notice by email on November 8, 2017, advising each that the appeal was to be heard on a date to be determined, and A Stipulation to Discontinuance Appeal dated November 9, 2017 having been faxed to the Appellate Term on November 9, 2017, signed by both counsel, and an examination of the records of the Civil Court of the City of New York, Queens County having established that the matter was "discontinued without prejudice" by stipulation dated May 2, 2017, more than six months earlier.
By order to show cause dated December 8, 2017, 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.
NOW, upon the order to show cause and the papers filed on 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 Office of Printz & Goldstein, 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 the Clerk of this Court, or his designee, shall serve a copy of this decision and order on motion upon counsel by regular mail; and it is further,
ORDERED that within 10 days after payment of its sanction, counsel shall file proof of payment of its sanction with the Clerk of this Court.
The rules of this court provide, 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 counsel to the appellant to promptly notify this Court that the action had been settled and that the appeal should not be calendared warrants the imposition of sanctions in the amount indicated.
PESCE, P.J., WESTON and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk