Appellate Division: Second Judicial Department

M273239

E/sl

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2016-07790 Diana Lajara, et al., appellants, v Jerzy Macura, etc., et al., respondents, et al., defendant. (Index No. 27522/2007)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated July 1, 2016. By order to show cause dated March 10, 2020, the parties to the appeal and their counsel 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 Asher & Associates, P.C., trial counsel for the appellants, and Law Offices of Annette G. Hasapidis, appellate counsel for the appellants, for failure to appear for a regularly scheduled mediation session, and upon McAloon & Friedman, P.C., counsel for the respondent Jerzy Macura, and Vaslas, Lepowsky, Hauss & Danke, LLP, counsel for the respondent Maimonides Medical Center, on the ground that they were not prepared to engage in meaningful settlement discussions.

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 of this case, sanctions are unwarranted.

SCHEINKMAN, P.J., LEVENTHAL, LASALLE, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court