Appellate Division: Second Judicial Department

M63755

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2006-08445 Stelvio Holdings, LLC, appellant, v DiMedici Ventures, LLC, respondent. (Index No. 06-2480)

ORDER TO SHOW CAUSE

Motion by the appellant on an appeal from an order of the Supreme Court, Orange County, dated July 25, 2006, pursuant to 22 NYCRR Part 130.1.1 to impose a sanction upon the respondent. Cross application by the respondent to dismiss the appeal as academic.

Upon the papers filed in support of the motion and the cross application, and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appeal has been rendered academic by an order of the Supreme Court, Dutchess County, dated October 30, 2007, by filing affidavits or affirmations on that issue with the Clerk of this court, on or before January 4, 2008, and the motion and cross application are held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.

MILLER, J.P., RITTER, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court