Opinion
Motion No: 2011-00777 KC
06-24-2014
Compas Medical, P.C. as Assignee of Polutza Jean-Mathurin, Appellant, v. Travelers Insurance Company, Respondent.
, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
The plaintiff-appellant Compas Medical, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated January 31, 2011, and appellant having perfected the appeal on October 13, 2011, and the appeal having been placed upon the August 15, 2012 submission calendar, and respondent's counsel having advised the court by letter dated August 3, 3012 that there was an amicable settlement of the litigation, and the court having requested of appellant a copy of the stipulation of settlement by telephone and by letter, and counsel for respondent having filed, on August 3, 2012, a Stipulation of Settlement and Discontinuance dated February 10, 2012, executed by counsel for both parties, and appellant having made a formal application to withdraw the appeal on August 6, 2013 .
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, the The Rybak Firm, PLLC, counsel for appellant, 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 the Clerk of this Court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail; and it is further,
ORDERED that within 10 days after payment of the sanction, The Rybak Firm, PLLC, shall file proof of payment 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]).
Under the circumstances, the failure of The Rybak Firm, PLLC, to promptly advise this Court that a settlement had been reached and that the appeal should not be calendered warrants the imposition of sanctions in the amount indicated.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk