Appellate Division: Second Judicial Department

M270252

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

BETSY BARROS, JJ.

2017-05802 Bank of New York Mellon, respondent, v Felix M. Carcano, et al., appellants, et al., defendants. (Index No. 57646/13)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated May 8, 2017. The appellants perfected the appeal on November 26, 2017, the respondent filed a brief on January 26, 2018, the appellants filed a reply brief on February 20, 2018, and, subsequently, the matter was placed on the calendar for November 22, 2019. On November 20, 2019, the appellants' counsel advised this Court that the action had been dismissed by an order of the Supreme Court, Westchester County, dated February 1, 2018. On November 21, 2019, this Court received a stipulation withdrawing appeal from the order dated May 8, 2017. By order to show cause dated November 27, 2019, the respondent and its counsel of record, Barclay Damon, LLP, and the appellants and their counsel, Clair & Gjertsen, 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, Barclay Damon, LLP, counsel of record 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, Barclay Damon, LLP, 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, Clair & Gjertsen, counsel for the appellants, 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, Clair & Gjertsen 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 Barclay Damon, LLP, counsel of record for the respondent, and Clair & Gjertsen, counsel for the appellants, is 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 respondent or the appellants.

MASTRO, J.P., BALKIN, LEVENTHAL and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court