Appellate Division: Second Judicial Department

M62215

E/sl

STEPHEN G. CRANE, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-08660 James Cole, et al., plaintiffs-appellants, v General Electric Company, respondent, HLW International, LLP, defendant-appellant, et al., defendants (and another title). (Index No. 02-7122)

ORDER TO SHOW CAUSE

The defendant HLW International, LLP, and the plaintiffs having appealed to this court from an order of the Supreme Court, Orange County, dated June 28, 2006, and the defendant HLW International, LLP, having filed the joint record and its brief on the appeal on February 16, 2007, the plaintiffs having filed their brief on March 6, 2007, the defendant General Electric Company, among others, having filed a brief on March 22, 2007, and the defendant HLW International, LLP, and the plaintiffs having filed reply briefs on April 6, 2007, and April 18, 2007, respectively, the matter was placed on this court's calendar for November 1, 2007. By telephone on October 30, 2007, and by letter dated October 30, 2007, counsel for the defendant HLW International, LLP, advised this court that the appeals were being withdrawn because an order of the Supreme Court, Orange County, dated June 12, 2007, effectively rendered the appeals academic. The stipulation withdrawing the appeals is dated October 30, 2007, and was faxed to this court on October 31, 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 appeals and/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 November 30, 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.

CRANE, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court