Opinion
Motion 2021-00137 KC
02-08-2022
Marine Equities 101, LLC and 101 Lincoln, LLC, Respondents, v. Shirley Brown, Also Known as Shirley Brown Defreits, 101 Lincoln Road, Apartment 3D, Brooklyn, N.Y. 11225, Milanda Rouff-Draper and Demetrius Draper, Appellants, "John Doe'" and Jane Doe", Undertenants.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, DONNA-MARIE GOLIA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered July 8, 2019. Appellant filed a notice of appeal on July 12, 2019. Appellant and respondent were sent a notice by the court on April 16, 2021 requiring them to attend a Civil Appeals Management Program (CAMP) conference on May 17, 2021. In a letter dated April 19, 2021, counsel for appellant advised the court that "this case was settled several years ago" and he sought to withdraw the appeal.
In an order to show cause dated April 22, 2021, 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 imposing such sanctions, if any, against the respondents or respondents' counsel pursuant to 22 NYCRR 730.3 (c) as this Court may deem appropriate by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on all parties to the action on or before May 28, 2021.
Upon the order to show cause and the affirmation filed by appellant's counsel in response thereto, it is
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Ronald P. Hart, PC, counsel for appellant, shall pay a sanction in the sum of $250.00 to the Lawyers' Fund for Client Protection of the State of New York (see Rules of the Chief Administrator of the Courts [22 NYCRR] §§ 130-1.1[b]; 130-1.3); and it is further, ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Smyth Law, PC, counsel for respondent, shall pay a sanction in the sum of $250.00 to the Lawyers' Fund for Client Protection of the State of New York (see Rules of the Chief Administrator of the Courts [22 NYCRR] §§ 130-1.1[b]; 130-1.3); and it is further, ORDERED that the Clerk of this Court, or his designee, shall serve a copy of this decision and order on motion upon each counsel by regular mail; and it is further, ORDERED that within 10 days after payment of his sanction, each counsel shall file proof of payment of its sanction with the Clerk of this Court.
Section 730.3 (c) of the rules of this Court provides, in relevant part, as follows: (c) "Notice of Change of Circumstances... [t]he parties or their attorneys shall likewise immediately notify the court if the appeal should not be calendared because of the death of a party...[a]ny such notification shall be followed by an application for the appropriate relief... [a]ny party who, without good cause shown, fails to comply with the requirements of this subdivision may be subject to the imposition of sanctions." (22 NYCRR 730.3 [c]).
Under the circumstances, the failure of either attorney to comply with 22 NYCRR 730.3 (c) warrants the imposition of sanctions in the amounts indicated.
ELLIOT, J. taking no part