Appellate Division: Second Judicial Department

M40199

S/cf

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-05178 Bret Bashant, et al., plaintiffs, v Mid-West Realty Associates, LLC, et al., defendants plaintiffs-respondents; H.E. Palmer Servic third-party defendant-appellant. (Index No. 2280/00)

ORDER TO SHOW CAUSE chester third-party e Corp.,

The plaintiffs having appealed and the third-party defendant having cross-appealed to this court from an order of the Supreme Court, Dutchess County, dated May 12, 2004, and the plaintiffs having perfected the appeal on December 14, 2004, and the third-party defendant having perfected its cross appeal on January 18, 2005, the defendants third-party plaintiffs having filed their brief on March 9, 2005, and the third-party defendant having filed a reply brief on March 24, 2005, the matter was placed on this court's calendar for February 23, 2006. At oral argument of the appeal the plaintiffs informed the court that the main action had been settled in November 2005 and the only remaining issue to be resolved on the appeal was the third-party defendant's claim relating to indemnification (see Bashant v Mid-Westchester Realty Assocs., LLC, AD3d [July 25, 2006]. The plaintiffs submitted a stipulation dated February 22, 2006, withdrawing their appeal. By decision and order on application dated April 24, 2006, the plaintiffs' appeal was deemed withdrawn.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 August 18, 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., LUCIANO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court