Opinion
Motion No. 2019-00589 KC
05-16-2022
Jules Francois Parisien, M.D., As Assignee of Martinez, Basilio, Respondent, v. Ameriprise Insurance, Appellant.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J., DONNA-MARIE E. GOLIA, CHEREE A. BUGGS, JJ.
DECISION & ORDER ON MOTION
Appellant Ameriprise Insurance, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, entered February 26, 2019, and appellant having perfected the appeal on September 17, 2019, and on August 19, 2021, both parties having received email notices advising each that the appeal was to be heard on September 9, 2021, and counsel for respondent having submitted a Stipulation of Withdrawal of Appeal on August 20, 2021, accompanied by a Stipulation of Settlement and Discontinuance dated February 4, 2020, more than a year and one-half earlier, Upon the order to show cause and the papers filed on behalf of the parties, it is
ORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Bruno, Gerbino, Soriano & Aitken, LLP, 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 within 20 days after service of a copy of this decision and order on motion upon it, The Rybak Firm, PLLC, counsel for respondent, 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 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 provide, in relevant part, that "[t]he parties or their attorneys shall immediately notify the court when there is a settlement of a matter or any issue therein or when a matter or any issue therein has been rendered moot.... Any party or attorney who, without good cause shown, fails to comply with the requirements of this subdivision may be subject to the imposition of sanctions" (Rules of the Appellate Terms, Second Department [22 NYCRR] § 730.3 [c]).
Here, counsel for the appellant and the respondent failed to timely notify the Court that the action had been settled on February 4, 2020, fifteen months before counsel received notice that the appeal was to be heard on submission. Appellant's counsel essentially offers no reason for this failure. In setting the amount of the sanction, the court considered that The Rybak Firm has repeatedly violated the aforesaid rule.