Appellate Division: Second Judicial Department

M55933

K/nl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO, JJ.

2006-03237 Anthony Stepke, respondent, v Boundary Fence & Railing Systems, Inc., appellant. (Index No. 16436/03)

ORDER TO SHOW CAUSE

The defendant having appealed to this court from an order of the Supreme Court, Queens County, dated February 16, 2006, and having perfected the appeal on November 21, 2006, the respondent having filed a brief on December 21, 2006, and the appellant having filed a reply brief on January 5, 2007, the matter was placed on this court's calendar for May 22, 2007. By letter dated May 11, 2007, counsel for the appellant advised this court that the matter had been resolved and that the appeal was being withdrawn. By letter dated May 21, 2007, counsel for the respondent advised this court, among other things, that the case had previously settled in the trial court in March 2007, and that a stipulation of discontinuance of the action was filed on April 3, 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 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., RITTER, LIFSON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court