Appellate Division: Second Judicial Department

M51917

K/nl

WILLIAM F. MASTRO , J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, J.

2006-00820 Elsa Peraza, etc., et al., appellants, v Lynne L. DiCostanzo, etc., et al., respondents. (Index No. 4083/04)

ORDER TO SHOW CAUSE

The plaintiffs having appealed to this court from an order of the Supreme Court, Orange County, dated December 20, 2005, and having perfected the appeal on May 22, 2006, the respondent Lynne L. DiCostanzo having a filed brief on June 26, 2006, and the appellants having filed a reply brief on July 11, 2006, the matter was placed on this court's calendar for January 25, 2007. By separate letters dated January 16, 2007, counsel for the appellants and counsel for the respondent Lynne L. DiCostanzo advised this Court that the case had previously settled in the trial court and that a stipulation of discontinuance of the action was filed on October 6, 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 April 6, 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.

MASTRO J.P., FISHER, ANGIOLILLO, and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court