| Buckeye Retirement Co., LLC v Horowitz |
| Motion No: 2006-04976 +1 |
| Slip Opinion No: 2007 NYSlipOp 70994(U) |
| Decided on June 6, 2007 |
| 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
M55577
K/nl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2006-04976, 2006-09604
Buckeye Retirement Co., LLC, respondent, v Gdalya Horowitz, etc., appellant. (Index No. 1510/04)
| ORDER TO SHOW CAUSE |
The defendant having appealed to this court from an order of the Supreme Court, Rockland County, dated April 19, 2006, and a judgment of the same court dated September 8, 2006, and having perfected the appeals on December 26, 2006, the respondent having filed a brief and appendix on January 26, 2007, the matter was placed on this court's calendar for May 15, 2007. By letter dated May 3, 2007, counsel for the appellant advised this Court that the case had previously settled and submitted a copy of the stipulation of discontinuance of the action dated February 9, 2007.
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 June 25, 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.
MILLER J.P.,MASTRO, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court