Appellate Division: Second Judicial Department

M268693

kbp/

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2017-02214, 2017-02216 Deutsche Bank National Trust Company, respondent, v Georgia McCarthy, appellant, et al., defendants. (Index No. 502478/13)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, both dated May 6, 2016. After the appellant perfected the appeals on November 14, 2017, the respondent filed a brief on April 13, 2018, the appellant filed a reply brief on May 7, 2018, the respondent's counsel of record did not respond to a status inquiry from this Court on September 13, 2019, and the appellant's counsel responded to the status inquiry from this Court by stating that there were no impediments to calendaring the appeals, the matter was placed on the calendar for October 24, 2019. On October 17, 2019, the respondent's counsel of record advised this Court that the orders appealed from had been vacated by an order of the Supreme Court, Kings County, dated May 7, 2018. On October 21, 2019, this Court received a stipulation withdrawing the appeals. By order to show cause dated October 31, 2019, the appellant, Georgia McCarthy, the appellant's counsel, Joseph E. Ruyack III, the appellant's trial counsel, Subhana A. Rahim, the respondent, Deutsche Bank National Trust Company, the respondent's current counsel of record, McGlinchey Stafford, PLLC, and the respondent's counsel of record from February 2018 until a September 24, 2019, consent to change attorney was filed on October 4, 2019, Parker, Ibrahim & Berg, LLC, 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 him of a copy of this decision and order on motion, Joseph E. Ruyack III, counsel for the appellant, 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 10 days after the payment of the sanction, Joseph E. Ruyack III 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, McGlinchey Stafford, PLLC, current 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 within 10 days after the payment of the sanction, McGlinchey Stafford, PLLC, 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, Parker, Ibrahim & Berg, LLC, previous 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 within 10 days after the payment of the sanction, Parker, Ibrahim & Berg, LLC, 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 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 orders that are the subject of these appeals were vacated in May 2018, and this Court did not receive notice of this fact until 17 months later. Accordingly, sanctions in the amounts set forth above are appropriate as to Joseph E. Ruyack III, McGlinchey Stafford, PLLC, and Parker, Ibrahim & Berg, LLC.

AUSTIN, J.P., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court