Opinion
Motion No: 2012-01951 Index No. 10-6993 M156937
05-24-2013
Monica Martinez, respondent, v. AVR-104 Associates, LLC, appellant, et al., defendant.
, J.P.
DANIEL D. ANGIOLILLO
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
The defendant AVR-104 Associates, LLC, having appealed to this Court from an order of the Supreme Court, Westchester County, dated January 9, 2012, and having perfected the appeal on June 12, 2012, the respondent having filed a brief on July 16, 2012, and the appellant having filed a reply brief on July 30, 2012, the matter was placed on this Court's calendar for March 4, 2013. By letter dated February 25, 2013, counsel for the appellant sought permission to withdraw the appeal. The letter indicated that the case had been settled on or about August 21, 2012, and that a stipulation of discontinuance was executed on or about November 28, 2012. By order to show cause dated April 9, 2013, the appellant and the respondent 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 appellant and the respondent 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, Burke, Gordon & Conway, counsel for the appellant, is directed to pay a sanction in the sum of $250 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 her 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 sanction, Burke, Gordon & Conway shall 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 on August 21, 2012, and a stipulation of discontinuance was executed on or about November 28, 2012. Thus, under the circumstances, a sanction in the amount set forth above is warranted.
SKELOS, J.P., ANGIOLILLO, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court