Appellate Division: Second Judicial Department

M36742

K/nl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2004-10317 George Lang, et al., plaintiffs, v Westfield Mortgage Corporation, Inc., et al., defendants third-party plaintiffs-respondents; Hill & Bowles, Inc., third-party defendant-appellant, et al., third-party defendants. (Index No. 24106/00)

ORDER TO SHOW CAUSE

The third-party defendant-appellant, Hill & Bowles, Inc., having appealed to this court from an order of the Supreme Court, Suffolk County, dated August 30, 2004, and having perfected the appeal on May 9, 2005, the respondent having filed a brief on July 7, 2005, and the appellant having filed a reply brief on August 1, 2005, the matter was placed on this court's calendar for January 27, 2006. By letter dated January 23, 2006, counsel for the appellant advised this court that the instant appeal, in effect, had been rendered academic by virtue of the entry of two subsequent orders dated August 1, 2005, and October 31, 2005, respectively. A stipulation dated February 10, 2006, withdrawing the appeal was thereafter forwarded to the Court.

Now, on the court's own motion, it is

ORDERED that the parties or their counsel are directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on all parties to the action on or before March 31, 2006.

Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).

The Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.

SCHMIDT, J.P., CRANE, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court