Appellate Division: Second Judicial Department

M42491

K/nl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-05099 Lester Jackson, respondent, v Maimonides Medical Center, et al., respondents-appellants, Century 22 Builders Group, appellant-respondent. (Index No. 30251/01)

ORDER TO SHOW CAUSE

The defendant Century 22 Builders Group having appealed, and the defendants Maimonides Medical Center and MMC Management Corp. having cross-appealed, to this court from an order of the Supreme Court, Kings County, dated March 19, 2005, and the appeal having been perfected on August 11, 2005, and no brief having been filed by the respondents-appellants, the matter was placed on this court's calendar for March 24, 2006. On or about March 21, 2006, this Court learned that the case had settled in October 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 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]).

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court