Opinion
2012-00503 Index No. 11703/06 M154165
04-05-2013
Wilfredo Cuevas, plaintiff, v. 39 CAM, LLC, et al., defendants third-party plaintiffs-respondents, et al., defendants; Atlantis Health Systems, Inc., third-party defendant-appellant.
, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
The third-party defendant, Atlantis Health Systems, Inc., having appealed to this Court from an order of the Supreme Court, Kings County, dated September 23, 2010, and having perfected the appeal on May 21, 2012, and the respondents having filed a brief on June 14, 2012, and the appellant having filed a reply brief on July 17, 2012, the matter was placed on this Court's calendar for February 8, 2013. By letter dated February 8, 2013, the appellant's counsel advised this Court that the case had settled in November 2012. A stipulation attached to the letter withdrew the appeal. By order to show cause dated February 15, 2013, the appellant and the respondents 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 and/or costs, if any, against the above parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this Court may deem appropriate.
Upon the order to show cause and the papers filed in response thereto, it is
ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Hoagland, Longo, Moran, Dunst & Doukas, LLP, counsel for the third-party defendant-appellant, is directed to pay a sanction in the sum of $350 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,
ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Maloof, Lebowitz, Connahan & Oleske, P.A., counsel for the defendants third-party plaintiffs-respondents, is directed to pay a sanction in the sum of $350 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,
ORDERED that the Clerk of this Court, or his designee, is directed to serve counsel for the parties with a copy of this decision and order on motion; and it is further,
ORDERED that within 10 days after payment of the respective sanctions, Hoagland, Longo, Moran, Dunst & Doukas, LLP, and Maloof, Lebowitz, Connahan & Oleske, P.A., shall each file proof of payment with the Clerk of this Court.
Section 670.2(g) of the rules of this Court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]). Here, the appellant's counsel notified the Court that the case had settled after the appeal had been calendared, although the settlement had occurred in November 2012. Thus, under the circumstances, sanctions in the amount set forth above are warranted.
MASTRO, J.P., AUSTIN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court