Second, Eleventh and Thirteenth JudicIal DistrictsCases Released on February 26, 2019
By: Pesce, J.P., Aliotta, Elliot, JJ.2016-1263 K C. JAMAICA WELLNESS MEDICAL, P.C. v. ELRAC, INC. — Appellant St. Locher Medical, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, entered April 12, 2016, and counsel having appeared for a CAMP conference on July 7, 2016, and appellant having perfected the appeal on October 5, 2016, and both parties having been sent a notice on September 27, 2018, advising each that the appeal was to be heard on submission on a date to be determined, and counsel for appellant having notified the court via fax on October 2, 2018, that the appeal had been discontinued by stipulation dated October 16, 2016, nearly two years earlier.Upon the order to show cause and the papers filed by counsel in response thereto, it isORDERED that within 20 days after service of a copy of this decision and order on motion upon it, Kopelevich & Feldsherova, P.C., counsel for appellant, shall pay a sanction in the sum of $1750 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 sanctions are denied with respect to counsel for respondent; 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 counsel for the appellant by regular mail; and it is further,ORDERED that within 10 days after payment of the sanction, counsel for appellant shall file proof of payment with the Clerk of this Court.The rules of this court provide, 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]).Here, the appellant’s counsel notified the Court that the case had settled after the appeal had been calendared, although the settlement had occurred nearly two years earlier. Moreover, this is appellant’s counsels’ fifth violation of the aforesaid court rule. Thus, under the circumstances, a sanction in the amount set forth above is warranted.February 11, 2019
