Opinion
Motion No: 2014-01220 KC
07-26-2017
Allstate Property and Casualty Insurance Company as Subrogee of Morris Katsap and Marina Tipis, Respondent, v. Ciment Family Associate Inc., Vaul Trust and Steven Rosenberg, Appellants.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Appellants Ciment Family Associate Inc., Vaul Trust and Steven Rosenberg, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated May 8, 2014, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on July 22, 2014, and appellant having perfected the appeal on August 12, 2014, and a respondent's brief having been filed on September 8, 2014 and a reply brief having been filed on October 10, 2014, on March 1, 2017, the parties were notified by mail that the appeal would be heard on March 15, 2017. By letter dated March 3, 2017, and faxed on March 13, 2017 appellant's counsel submitted a Stipulation Withdrawing the Appeal, dated March 9, 2017, as well as a Stipulation of Discontinuance of the matter in the Civil Court, dated November 20, 2014, more than two years and three months earlier. By order to show cause dated May 1, 2017, counsel for 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 the Rules of the Appellate Terms, Second Department (22 NYCRR) § 730.3 (f) upon the parties or their respective counsel.
Upon the order to show cause and the papers filed on behalf of the parties by counsel, it is
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Galvano & Xanthakis, attorneys for appellants, shall pay a sanction in the sum of $500 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, The Stuttman Law Group, PC, attorneys for respondent, shall pay a sanction in the sum of $250 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 their respective sanctions, counsel shall each file proof of payment of its sanction with the Clerk of this Court.
The rules of this court provides, in relevant part, that "[i]f an appeal or the underlying action or proceeding is wholly or partially settled ... the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of costs and/or sanctions as the court may direct" (Rules of the Appellate Terms, Second Department [22 NYCRR] § 730.3 [f]).
Here, while counsel for the appellant and the respondent have not previously violated the aforesaid court rule, each failed to timely notify the Court that the action had been settled on November 20, 2014, more than two years earlier. Thus, under the circumstances, sanctions in the amount set forth above are warranted.
PESCE, P.J., WESTON and ALIOTTA, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk