Appellate Division: Second Judicial Department

M36735

K/nl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2005-03767 Yvette Williams, respondent, v Napoleon Parker, appellant. (Index No. 32455/02)

ORDER TO SHOW CAUSE

The defendant having appealed to this court from an order of the Supreme Court, Queens County, dated April 8, 2005, and having perfected the appeal on May 23, 2005, and no brief having been filed by the respondent, the matter was placed on this court's calendar for February 14, 2006. By letter dated January 31, 2006, counsel for the appellant advised this court that the underlying action had settled and that the instant appeal was being withdrawn. Counsel for the respondent subsequently advised the Court that the case had settled on August 18, 2005.

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., ADAMS, SANTUCCI and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court