Appellate Division: Second Judicial Department

M55934

K/nl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2006-04208 Jordan Osario, etc., et al., plaintiffs-respondents, v Haymrah Balram, et al., defendants, Nationscredit Financial Services Corporation, defendant third-party plaintiff-respondent; Wilshire Credit Corporation, third-party defendant-appellant; et al., third-party defendants. (Index No. 10080/01)

ORDER TO SHOW CAUSE

The third-party defendant Wilshire Credit Corporation having appealed to this court from an order of the Supreme Court, Kings County, dated April 1, 2006, and having perfected the appeal on October 19, 2006, the respondents having filed briefs on November 15, 2006, and November 21, 2006, and the appellant having filed reply briefs on November 28, 2006, and December 6, 2006, the matter was placed on this court's calendar for May 25, 2007. By letter dated May 23, 2007, counsel for the appellant advised this court that a review of material produced during discovery in the underlying action had rendered the appeal academic and it was being withdrawn.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.

MASTRO, J.P., DILLON, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court