Appellate Division: Second Judicial Department

M287160

E/ks

COLLEEN D. DUFFY, J.P.

REINALDO E. RIVERA

LINDA CHRISTOPHER

HELEN VOUTSINAS, JJ.

2020-03519 Richard M. Greene, appellant, v Udel K. Peets, et al., respondents. (Index No. 702074/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated March 3, 2020. By order to show cause dated December 7, 2022, the parties and/or their counsel were directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal from so much of the order dated March 3, 2020, in the above-entitled action as granted that branch of the motion of the defendants Gafari Adelabou and Olohun Wa Corp., which was for summary judgment dismissing the complaint insofar as asserted against them concerning non-cervical spine injuries on the issue of threshold injury pursuant to Insurance Law § 5102(d) as that portion of the order has been rendered academic by an order of the Supreme Court, Queens County, dated February 9, 2021, which, upon reargument, denied that branch of the motion, and (2) imposing such sanctions and/or costs, if any, against counsel, for failure to advise the Court about the order dated February 9, 2021.

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

ORDERED that the branch of the motion which is to dismiss the appeal from so much of the order dated March 3, 2020, as granted that branch of the motion of the defendants Gafari Adelabou and Olohun Wa Corp., which was for summary judgment dismissing the complaint insofar as asserted against them concerning non-cervical spine injuries on the issue of threshold injury pursuant to Insurance Law § 5102(d) is granted and that portion of the appeal is dismissed; and it is further,

ORDERED that the branch of the motion which is to impose such sanctions and/or costs, if any, against counsel, for failure to advise the Court about the order dated February 9, 2021, is granted to the extent that a sanction in the sum of $500 is imposed upon Davidoff Law, P.C., counsel for the appellants, and a sanction in the sum of $250 is imposed against Scahill Law Group P.C., counsel for the respondents Gafari Adelabou and Olohun Wa Corp., and that branch of the motion is otherwise denied; and it is further,

ORDERED that within 20 days of service upon them of a copy of this decision and order on motion, Davidoff Law, P.C., and Scahill Law Group P.C., are directed to pay the sanctions 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, Davidoff Law, P.C., and Scahill Law Group P.C., 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, by uploading a copy of this decision and order on motion on NYSCEF.

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 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 against Davidoff Law, P.C., counsel for the appellants, and Scahill Law Group P.C., counsel for the respondents Gafari Adelabou and Olohun Wa Corp., pursuant to 22 NYCRR 1250.2(c), are warranted in the amounts indicated.

DUFFY, J.P., RIVERA, CHRISTOPHER and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court