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

Appellant Longevity Medical Supply, Inc, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated January 17, 2018, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on August 1, 2018, and appellant having perfected the appeal on October 3, 2018, and on August 28, 2019, both parties having received email notices advising each that the appeal was to be heard on submission on September 18, 2019, and by letter dated September 19, 2019 counsel for appellant having notified the court that the "matter has been resolved and settled," and counsel having attached thereto a stipulation of discontinuance indicating that the underlying action had been settled on October 25, 2018, nearly 11 months earlier. By order to show cause dated October 16, 2019, 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.

Upon the order to show cause and the papers filed on behalf of the parties, it is

ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, the Law Office of Melissa Betancourt, 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,

ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, the firm of Brand, Glick & Brand, counsel for respondent, 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 the Clerk of this Court, or his designee, shall serve a copy of this decision and order on motion upon each counsel by regular mail; and it is further,

ORDERED that within 10 days after payment of their respective sanctions, counsel shall each file proof of payment of its sanction with the Clerk of this Court.

The rules of this court provides, 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]).

Here, counsel for the appellant and the respondent failed to timely notify the Court that the action had been settled on October 25, 2018, nearly 11 months before the court was notified that the appeal had been rendered academic. Thus, under the circumstances, sanctions in the amount set forth above are warranted. In setting the amount assessed against appellant's counsel, the court notes that counsel violated the same rule in William B. Jones, M.D., as Assignee of Anthony Robinson, Respondent, v Citiwide Auto Leasing (2017-2400 KC), decided today.

ENTER:

Paul Kenny

Chief Clerk