Appellate Division: Second Judicial Department

M271218

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2018-01805 Margaret Campbell, appellant, v Bradco Supply Company, et al., respondents. (Index No. 11307/2010)

DECISION & ORDER ON MOTION

2018-09525

Margaret Campbell, appellant,

v Bradco Supply Company, et al., respondents.

(Index No. 11307/2010)

Appeals from two orders of the Supreme Court, Suffolk County, dated October 25, 2016, and June 27, 2018, respectively. On February 28, 2020, a Special Master appointed by this Court conducted a mediation session in the above-entitled matter pursuant to 22 NYCRR 670.3(d). According to the Special Master's report, dated March 3, 2020, the parties were unable to engage in meaningful settlement discussions at the meditation session because the respondents' representative had no authority to discuss settlement of the case and counsel for the respondents could not reach anyone with settlement authority by telephone. By order to show cause dated March 9, 2020, 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 22 NYCRR 670.3(d)(2)(v) upon Law Firm of Elias C. Schwartz, PLLC, counsel for the respondents, and the respondents, Bradco Supply Company and Harris Boshak.

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

ORDERED that within 30 days of service upon it of a copy of this decision and order on motion, Law Firm of Elias C. Schwartz, PLLC, 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 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 by regular mail and via email; and it is further,

ORDERED that within 14 days after payment of the sanction, Law Firm of Elias C. Schwartz, PLLC, shall file proof of payment with the Clerk of this Court via email at [email protected].

Pursuant to 22 NYCRR 670.3(d)(2)(ii), a representative of any entity which is a party, who has the authority to make binding decisions on behalf of the entity, is required to attend an initial mediation session conducted before a Special Master under this Court's Mandatory Civil Appeal Mediation Program. The rules of the Court further provide that mediation sessions are deemed to be appearances before this Court, and authorizes this Court to impose sanctions against counsel who is unprepared to engage in meaningful settlement discussions (see 22 NYCRR 670.3[d][v]). Law Firm of Elias C. Schwartz, PLLC, failed to engage in meaningful settlement discussions in a regularly scheduled mediation session before a Special Master under this Court's Mandatory Civil Appeal Mediation Program, without good cause. Accordingly, we determine that a sanction against Law Firm of Elias C. Schwartz, PLLC, in the amount set forth above is appropriate (see 22 NYCRR 670.3[d][v]; 22 NYCRR Part 130).

CHAMBERS, J.P., ROMAN, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court