Appellate Division: Second Judicial Department

M272828

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

COLLEEN D. DUFFY

PAUL WOOTEN, JJ.

2018-14904 Mark Raymond Kinnally, etc., et al., plaintiffs- appellants, v Alexander H. Perlman, etc., et al., defendants-appellants, Iron Mountain Information Management Services, Inc., et al., respondents (and another title). (Index No. 58591/2016)

DECISION & ORDER ON MOTION

Appeals from an amended order of the Supreme Court, Westchester County, dated December 3, 2018. On July 28, 2020, a mediation session in the above-entitled matter was conducted pursuant to 22 NYCRR 670.3(d) and the Court was advised that the parties were unable to engage in meaningful settlement discussions at the meditation session. By order to show cause dated August 5, 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 deemed appropriate pursuant to 22 NYCRR 670.3(d)(2)(v) upon Matthew W. Naparty and Mauro Lilling Naparty, LLP, appellate counsel for the respondents, and Patrick B. Sardino and Cozen O'Connor, LLP, trial counsel for the respondents Iron Mountain Information Management Services, Inc., Iron Mountain Information Management, LLC, Iron Mountain Information Services, Inc., Iron Mountain, Inc., and Ari Fleet, LT.

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

ORDERED that the motion to impose sanctions is denied.

Under the circumstances, sanctions are unwarranted.

SCHEINKMAN, P.J., MASTRO, DUFFY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court