Appellate Division: Second Judicial Department

M59437

S/sl

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)

DECISION & ORDER ON MOTION

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review of material produced during discovery in the underlying action had rendered the appeal academic and it was being withdrawn. By order to show cause dated June 14, 2007, the parties or their counsel were 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.

Upon the court's own motion and the papers filed in response thereto, it is

ORDERED that the motion is denied.

Under the circumstances sanctions are not warranted.

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

ENTER:

James Edward Pelzer

Clerk of the Court