Appellate Division: Second Judicial Department

M37908

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-08212, 2005-08213 East Coast Management, Ltd., respondent, v Genatt Associates, Inc., appellant. (Index No. 11142/04)

ORDER TO SHOW CAUSE

Appeals by Genatt Associates, Inc., from an order of the Supreme Court, Nassau County, dated August 1, 2005, and a judgment of the same court, also dated August 1, 2005. By letter dated March 8, 2006, the respondent advised the court that on August 31, 2005, the parties signed a stipulation settling the underlying action. The stipulation provided, inter alia, that the above-entitled appeal could be determined and that even if this court reversed or modified the order and the judgment appealed from the appellant would not seek to recoup any of the funds paid as part of the settlement.

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

ORDERED that the appellant or its attorney show cause before this court why the above-entitled appeal should not be dismissed on the ground that the stipulation of settlement rendered the appeal academic and any determination of the appeal by this court will consist of merely an advisory opinion (see Cuomo v Long Is. Light. Co., 71 NY2d 349, 354; Matter of Telesca, 173 AD2d 476), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before April 21, 2006; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause upon the attorneys for the parties by regular mail.

MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court