| Spineisland for Chiropractic, P.C., As Assignee of Steven Torba v 21st Century Advantage Ins. Co. |
| Motion No: 2016-00330 SC |
| Slip Opinion No: 2018 NY Slip Op 67814(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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Spineisland For Chiropractic, P.C., as Assignee of Steven Torba, Appellant, v 21St Century Advantage Insurance Company, Respondent. |
Appellant Spineisland For Chiropractic, P.C., having appealed to this court from an order of the District Court of Suffolk County, Third District, dated December 23, 2015, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on April 14, 2016, and appellant having perfected the appeal on July 20, 2016, and both parties having received an e-mail notice on November 1, 2017, advising each that the appeal would be heard on the November 16, 2017 ready-day calendar. By letter dated November 8, 2017, appellant's counsel submitted a Stipulation of Settlement and Discontinuance For the Entire Action, signed by both parties and dated August 8, 2016, nearly 16 months earlier. By order to show cause dated December 15, 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 in response thereto, it is
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Gabriel & Shapiro, LLC, 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,
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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 by regular mail; and it is further,
ORDERED that within 10 days after payment of their respective sanctions, counsel shall file proof of payment of the 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 appellant's counsel to promptly advise the court that a settlement had been reached and that the appeal should not be calendared warrants the imposition of sanctions in the amount indicated.
ENTER:
Paul Kenny
Chief Clerk
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