| Muniz v N&D Consulting, Inc. |
| Motion No: 2005-07850 |
| Slip Opinion No: 2006 NYSlipOp 75150(U) |
| Decided on September 11, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M44255
K/nl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
|
2005-07850
Olga Muniz, appellant, v N&D Consulting, Inc., et al., respondents. (Index No. 834/03)
| ORDER TO SHOW CAUSE |
The plaintiff having appealed to this court from an order of the Supreme Court, Kings County, dated July 18, 2005, and having perfected the appeal on April 11, 2006, the respondent having filed a brief on May 12, 2006, and the appellant having filed a reply brief on May 30, 2006, the matter was placed on this court's calendar for September 7, 2006. At oral argument, counsel for the appellant advised this Court that the case had "just settled" and that the appeal was being withdrawn. By letter dated September 7, 2006, counsel for the appellant advised this Court that the case had settled on July 18, 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.
FLORIO, J.P., KRAUSMAN, LUCIANO and SKELOS, JJ., concur.