Appellate Division: Second Judicial Department

M50500

K/nl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2006-01899 Amalia Mouzakitis, plaintiff-respondent, v Enterprise Rent-A-Car, et al., defendants- respondents, Teofilo Mendez, appellant. (Index No. 8542/04)

ORDER TO SHOW CAUSE

The defendant Teofilo Mendez having appealed to this court from an order of the Supreme Court, Queens County, dated December 22, 2005, and having perfected the appeal on March 6, 2006, the respondents having filed briefs on May 8, 2006, and May 10, 2006, and the appellant having filed reply briefs on May 12, 2006, and June 5, 2006, the matter was placed on this court's calendar for December 8, 2006. On or about November 30, 2006, counsel for the respondent Enterprise Rent-A-Car advised this court that the case had previously settled in the trial court. The stipulation of discontinuance of the action is dated August 14, 2006, and was filed with the Queen's County Clerk's Office on September 8, 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 February 26, 2007.

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.

SCHMIDT, J.P., SANTUCCI, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court