Appellate Division: Second Judicial Department

M267550

E/mb

ALAN D. SCHEINKMAN, P.J.

SHERI S. ROMAN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2017-09828 Ventures Trust 2013-I-H-R, etc., appellant, v Upinderpal S. Sabharwal, etc., respondent, et al., defendants. (Index No. 71652/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated May 4, 2017. The appellant perfected the appeal on April 9, 2018, and the respondent did not file a brief, and the appellant's counsel did not respond to a status inquiry from this Court on June 18, 2019. Subsequently, the matter was placed on the calendar for November 13, 2019. On October 15, 2019, this Court received a stipulation to withdraw the appeal, which stated that the action had been dismissed by an order of the Supreme Court, Westchester County, entered January 30, 2019. By order to show cause dated October 16, 2019, the parties to this appeal and their respective counsel 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 deemed appropriate.

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

ORDERED that the motion is denied.

While the appellant's counsel's conduct in failing to timely notify the Court of the dismissal of the underlying action, which rendered this appeal academic, is not something we condone, under the circumstances, including the systems put in place by the appellant's counsel to insure that such conduct does not occur in the future, in the exercise of our discretion, we decide not to impose any sanction.

SCHEINKMAN, P.J., ROMAN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court