Opinion
Motion No: 2015-01079 KC
12-27-2016
Atlantic Avenue Group LLC, Respondent, v. Ahmed E. Nabeel and Ali Alesayi, Appellants, et al., Undertenants.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Appellants Ahmed E. Nabeel and Ali Alesayi, having appealed to this court from a judgment of the Civil Court of the City of New York, Kings County, entered April 14, 2015, and appellants having perfected the appeal on December 2, 2015, and respondent having filed its brief on December 11, 2015, and appellants having filed a reply brief on December 21, 2015, and notices advising the parties that oral argument was scheduled for November 23, 2016 having been emailed to the parties on November 9, 2016, and respondent's counsel having advised the court by telephone on November 16, 2016, that counsel had entered into a Stipulation Withdrawing the Appeal, signed by both parties and dated February 29, 2016, more than eight months earlier. By order to show cause dated November 22, 2016, 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 in response thereto, it is
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Stern & Stern, Esqs., counsel for appellants, 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 within 20 days after service of a copy of this decision and order on motion upon it, Kossoff, PLLC, counsel for respondent, shall pay a sanction in the sum of $150 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, counsel for the appellants and the respondent failed to timely notify the Court that the action had been settled on February 29, 2016. Filing the stipulation with the Civil Court does not constitute notification to the Appellate Term. Thus, under the circumstances, sanctions in the amount set forth above are warranted.
PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk