| Actual Chiropractic, P.C., As Assignee of Luis Ocasio v Travelers Ins. |
| Motion No: 2015-02182 KC |
| Slip Opinion No: 2018 NY Slip Op 67813(U) |
| Decided on March 16, 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.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Actual Chiropractic, P.C., as Assignee of Luis Ocasio, Appellant, v Travelers Insurance, Respondent. |
Appellant Actual Chiropractic, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated August 10, 2015, and counsel having appeared for a CAMP conference on October 13, 2015, and appellant having perfected the appeal on December 30, 2015, and both parties having been sent a notice on November 29, 2017, advising each that the appeal was to be heard on submission, and counsel for defendant-respondent having notified the court via letter dated December 18, 2017, that the underlying case had been settled, and counsel having attached to the letter a Stipulation of Settlement dated January 14, 2016, more than 23 months earlier,
By order to show cause dated January 5, 2018, 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 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 Zara Javakov, Esq., 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 Offices of Aloy O. Ibuzor, 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,
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ORDERED that the Clerk of this Court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail; and it is further
ORDERED that within 10 days after payment of the their respective sanctions, the Law Offices of Zara Javakov, Esq., PC and the Law Offices of Aloy O. Ibuzor, shall each file proof of payment 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, including the fact that both firms have violated the rule previously, the failure of the attorneys 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 amount indicated.
PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
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