| Compas Med., P.C. As Assignee of David Perez v American Tr. Ins. Co. |
| Motion No: 2013-00792 QC |
| Slip Opinion No: 2015 NY Slip Op 87797(U) |
| Decided on October 8, 2015 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Compas Medical, P.C. as Assignee of David Perez, Appellant, v American Transit Ins. Co., Respondent |
Appellant Compas Medical, P.C. as Assignee of David Perez, having appealed to this court from an order of the Civil Court of the City of New York, Queens County, dated February 13, 2013, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on May 23, 2013, and appellant having perfected the appeal on September 5, 2013, and on May 4, 2015, the parties were served with notice that the appeal would be placed upon a submission calendar. By letter dated May 26, 2015, appellant's counsel advised the court that matter had been settled, and the court confirmed that the underlying action was marked withdrawn by the Civil Court on July 2, 2014, nearly 11 months earlier. By order to show cause dated July 30, 2015, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to the Rules of the Appellate Terms, Second Department (22 NYCRR) § 730.3 (f) upon the parties or their respective counsel.
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 Rybak Firm, PLLC, counsel for appellant, shall pay a sanction in the sum of $1250 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 Law Office of Daniel J. Tucker, 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 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 either counsel to promptly advise this Court that a settlement had been reached and that the appeal should not be calendered warrants the imposition of sanctions against counsel in the amounts indicated. It is noted with respect to the amount assessed against appellant's counsel, the court considered that The Rybak Firm, PLLC, has repeatedly violated the aforesaid rule.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk