Appellate Division: Second Judicial Department

M38837

K/nl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2005-00251 Mary Cochran, respondent, v NEC America, Inc., a/k/a NEC USA, Inc., respondent-appellant, We're Associates, Inc., appellant-respondent. (Index No. 14649/02)

ORDER TO SHOW CAUSE

The defendants having appealed and cross-appealed, respectively, to this court from an order of the Supreme Court, Nassau County, entered November 29, 2004, and the defendant We're Associates, Inc., having perfected its appeal on July 7, 2005, and no briefs having been filed by the respondent-appellant or the respondent, the matter was placed on this court's calendar for March 20, 2006. By letter dated March 14, 2006, counsel for the appellant-respondent advised this court that the case had settled in August 2005, and that the appeal was being withdrawn.

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 May 23, 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.

GOLDSTEIN, J.P., MASTRO, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court