Opinion
August 17, 1998
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the' order is modified, as a matter of discretion, by deleting the provision thereof which conditioned the granting of the petitioner's motion upon a waiver of a hearing on the timeliness of its disclaimer and substituting therefor a provision conditioning the granting of the motion upon payment of $500 by the petitioner's attorney to the attorney for the respondent Derrick Velasquez; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements; the time to make the payment of $500 is extended until 20 days after service upon the petitioner's attorney of a copy of this decision and order with notice of entry; in the event that the condition is not complied with, then the order is affirmed insofar as appealed from, with costs to the respondent Derrick Velasquez.
Under the circumstances presented, the papers submitted by the petitioner warranted the granting of its motion without the extremely harsh condition imposed by the Supreme Court (see generally, CPLR 5015 [a]). However, since the neglect of the petitioner's attorney cannot be condoned, the imposition of a monetary sanction is appropriate (see, Moran v. Rynar, 39 A.D.2d 718; Martinisi v. Cornwall Hosp., 177 A.D.2d 549).
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.