Appellate Division: Second Judicial Department

M266083

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2017-02108 Bank of New York Mellon, etc., respondent, v Cathy Morris, appellant, et al., defendants. (Index No. 609089/15)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 15, 2016. On May 26, 2017, the appellant perfected the appeal, and on August 7, 2017, the respondent filed its brief. The matter was submitted at the calendar on February 19, 2019, and the appeal was determined by decision and order of this Court dated May 22, 2019. In June 2019 this Court was advised that the underlying action had been discontinued by order of the Supreme Court, Suffolk County, dated November 7, 2018. By order to show cause dated June 26, 2019, the appellant and her counsel, The Ranalli Law Group, PLLC, and the respondent, and its counsel, Druckman Law Group, PLLC, 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 1250.2(c) as this Court may 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 it of a copy of this decision and order on motion, The Ranalli Law Group, PLLC, counsel for the appellant, is directed to pay a sanction in the sum of $1,000 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that within 10 days after payment of the sanction, The Ranalli Law Group, PLLC, counsel for the appellant, shall file proof of payment with the Clerk of this Court; and it is further,

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Druckman Law Group, PLLC, counsel for the respondent, is directed to pay a sanction in the sum of $1,000 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that within 10 days after payment of the sanction, Druckman Law Group, PLLC, shall file proof of payment with the Clerk of this Court; 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.

Section 1250.2(c) of the Practice Rules of the Appellate Division provides, in pertinent part, that "[t]he parties or their attorneys shall immediately notify the court when there is a settlement of a matter or any issue therein or when a matter or any issue therein has been rendered moot . . . . Any such notification shall be followed by an application for appropriate relief. Any party or attorney who, without good cause shown, fails to comply with the requirements of this subdivision may be subject to the imposition of sanctions" (22 NYCRR 1250.2[c]). Here, the attorneys for the parties failed to advise this Court that the appeal had been rendered academic by the discontinuance of the action. As a result of that failure, the appeal was placed on the calendar and the appeal was determined. Accordingly, sanctions in the amounts set forth above are appropriate.

BALKIN, J.P., AUSTIN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court