Appellate Division: Second Judicial Department

M44257

K/nl

HOWARD MILLER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2005-06311 Doris Miller, et al., respondents, v Campbell Hall Health Center, Inc., et al., appellants, et al., defendants. (Index No. 3813/03)

ORDER TO SHOW CAUSE

The defendants Campbell Hall Health Center, Inc., Joseph Jordano, Jack P. Schleifer, Meyer Temkin, and Joan Siegel having appealed to this court from an order of the Supreme Court, Orange County, dated May 9 2005, and having perfected the appeal on December 15, 2005, the respondents having filed a brief on January 12, 2006, and the appellants having filed a reply brief on January 27, 2006, the matter was placed on this court's calendar for September 5, 2006. By letter dated August 16, 2006, counsel for the appellants advised this Court that the case had settled and that a stipulation discontinuing the action had been filed on June 27, 2006.

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 October 6, 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.

MILLER, J.P., RITTER, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court