Appellate Division: Second Judicial Department

M269015

kbp/

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-06562 E*Trade Bank, respondent, v Josseline Minault, et al., appellants, et al., defendants. (Index No. 5331/13)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 4, 2017. On March 7, 2018, the appellants perfected the appeal, and on April 11, 2018, the respondent filed its brief. The matter was calendared for oral argument or submission on September 20, 2019. On August 30, 2019, this Court was advised that the underlying action had been settled and subsequently the Court determined that the action had been discontinued by order of the Supreme Court, Kings County, dated May 28, 2019. By order to show cause dated October 3, 2019, the appellants and their counsel, Lee M. Nigen, and the respondent and its counsel, Jeffrey A. Kosterich, 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 him of a copy of this decision and order on motion, Lee M. Nigen, counsel for the appellants, is directed to pay a sanction in the sum of $250 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, Lee M. Nigen 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, Jeffrey A. Kosterich, PLLC, counsel for the respondent, is directed to pay a sanction in the sum of $250 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, Jeffrey A. Kosterich, 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]). Based upon the papers submitted in response to the order to show cause, the imposition of sanctions and/or costs against Lee M. Nigen, counsel for the appellants, and Jeffrey A. Kosterich, PLLC, counsel for the respondent, are warranted pursuant to 22 NYCRR 1250.2(c) in the amounts indicated. However, under these circumstances, we decline to impose sanctions, in the exercise of discretion, against the appellants or the respondent.

MASTRO, J.P., LEVENTHAL, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court