Appellate Division: Second Judicial Department

M42420

K/nl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-11778 Gladys White, et al., respondents, v Great Atlantic and Pacific Tea Company, et al., appellants. (Index No. 3213/04)

ORDER TO SHOW CAUSE

The defendants having appealed to this court from an order of the Supreme Court, Kings County, dated October 26, 2005, and having perfected the appeal on February 3, 2006, and no brief having been filed by the respondents, the matter was placed on this court's calendar for May 8, 2006. On May 5, 2006, this Court rejected a stipulation to withdraw the appeal which stated that the case had settled in March 2006. The appellants' counsel was notified by a Deputy Clerk of this Court that the stipulation had been rejected, that the appeal would remain on the calendar of May 8, 2006, and that the Justice Presiding had specifically directed that the appellants' counsel appear for oral argument on that date. The appellants' counsel failed to appear in this Court for oral argument on May 8, 2006.

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

ORDERED that the appellants' counsel, Boeggeman, George, Hodges & Corde, P. C., and Karen A. Jockimo, 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 them pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate by 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 August 11, 2006; and it is further,

ORDERED that Karen A. Jockimo is 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 her personally pursuant to 22 NYCRR 130-2.1(a) as this court may deem appropriate by 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 August 11, 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]).

Section 130-2.1(a) of the rules of this Court provides, in relevant part, that "the court, in its discretion, may impose financial sanctions * * * upon any attorney who, without good cause, fails to appear at a time and place scheduled for and action or proceeding to be heard before a designated court" (22 NYCRR 130-2.1[a]).

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

CRANE, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court