Appellate Division: Second Judicial Department

M252192

E/rr

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2016-04241 Wells Fargo Bank, N.A., respondent, v Karl Douglas, et al., appellants, et al., defendants. (Index No. 18103/11)

DECISION & ORDER ON MOTION

The defendants Karl Douglas and Deborah Douglas having appealed to this Court from an order of the Supreme Court, Nassau County, dated February 10, 2016, the appellants perfected the appeal on October 4, 2016, the respondent filed its brief on December 29, 2016, and the appeal was placed on this Court's calendar for April 20, 2018. By letter dated April 18, 2018, the appellants' counsel sought to adjourn oral argument on the ground that the appellant Karl Douglas had an open bankruptcy proceeding, which was filed on September 7, 2017, in the United States Bankruptcy Court for the Eastern District of New York, under Docket No. 17-75424. By order to show cause dated April 30, 2018, counsel for the appellants, Richard V. Kanter, and counsel for the respondent, Knuckles, Komosinski & Manfro, LLP, were directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 670.2(g) as this Court might deem appropriate.

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

ORDERED that within 20 days of service upon him of a copy of this decision and order on motion, Richard V. Kanter, counsel for the appellants, is directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Knuckles, Komosinski & Manfro, LLP, counsel for the respondent, is directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve counsel for the parties with a copy of this decision and order on motion by regular mail; and it is further,

ORDERED that within 10 days after payment of their respective sanctions, Richard V. Kanter and Knuckles, Komosinski & Manfro, LLP, shall each file proof of payment of their respective sanctions with the Clerk of this Court.

Section 670.2(g) of the rules of this Court provides, in relevant part, that " if any cause should not be calendared because of bankruptcy . . . the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]). Here, counsel for the appellants and counsel for the respondent failed to notify this Court that the appellant Karl Douglas had an open bankruptcy proceeding prior to the date that the appeal was placed on the calendar. Thus, under the circumstances, sanctions in the amounts set forth above are warranted.

MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court