| Becker v NBTY, Inc. |
| Motion No: 2006-07457 |
| Slip Opinion No: 2007 NYSlipOp 71554(U) |
| Decided on June 14, 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
M55935
K/nl
ROBERT A. SPOLZINO, J.P.
GABRIEL M. KRAUSMAN
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2006-07457
Guenter Becker, respondent, v NBTY, Inc., etc., appellant. (Index No. 20449/03)
| ORDER TO SHOW CAUSE |
The defendant having appealed to this court from an order of the Supreme Court, Suffolk County, dated June 7, 2006, and having perfected the appeal on November 8, 2006, the respondent having filed a brief on December 8, 2006, and the appellant having filed a reply brief on December 18, 2006, the matter was placed on this court's calendar for June 1, 2007. By letters dated May 21, 2007, and May 22, 2007, counsel for the appellant advised this court that the matter had proceeded to trial on January 29, 2007, resulting in a verdict in favor of the defendant, and the appeal was being withdrawn.
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 July 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.
SPOLZINO, J.P., KRAUSMAN, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court