Appellate Division: Second Judicial Department

M63721

E/sl

STEPHEN G. CRANE, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-08660 James Cole, et al., respondents-appellants, v General Electric Company, et al., respondents, HLW International, LLP, appellant-respondent. (Index No. 02-007122)

DECISION & ORDER ON MOTION

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October 30, 2007, counsel for the defendant HLW International, LLP, advised this court that the appeals were being withdrawn because an order of the Supreme Court, Orange County, dated June 12, 2007, effectively rendered the appeals academic.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. By order to show cause dated November 8, 2007, the parties or their counsel were directed to show cause 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 the court deemed appropriate.

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is denied, as sanctions are not warranted under the circumstances.

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

ENTER:

James Edward Pelzer

Clerk of the Court