2010-3122 K C. JAMAICA MEDICAL SUPPLY, INC. A/A/O ROBERTS v. ELRAC, INC. D/B/A ENTERPRISE RENTA-CAR — Appellant having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated May 28, 2010, and appellant having perfected the appeal on July 18, 2011, the matter was placed on this court's ready-day calendar for June 12, 2012. By letter dated June 5, 2012 and post-marked June 6, 2012 (and received by the Appellate Term June 12, 2012), counsel for respondent sought to withdraw the appeal, advising that the underlying matter had previously been settled on August 8, 2011. Counsel for respondent provided a copy of the stipulation discontinuing the underlying matter dated August 8, 2011, executed by respective counsel. By order to show cause dated June 18, 2012, 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 (1) 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, Gary Tsirelman, PC, 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, Carman, Callahan & Ingham, LLP, counsel for respondent, shall pay a sanction in the sum of $250 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 the Civil Court of the City of New York, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,

ORDERED that within 10 days after payment of the sanction, Gary Tsirelman, PC, counsel for appellant, and Carman, Callahan & Ingham, LLP, counsel for respondent, shall file proof of payment with the Clerk of this Court.

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 parties by regular mail.

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 Gary Tsirelman, PC, or Carman Callahan & Ingham to promptly advise this Court that a settlement had been reached and that the appeal should not be calendered warrants the imposition of sanctions in the amounts indicated.

PESCE, P.J., WESTON and RIOS, JJ., concur.