Appellate Division: Second Judicial Department

M67032

S/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-03770 7 Highland Management Corp., appellant, v Mary McCray, respondent. (Index No. SP-2275/04)

ORDER TO SHOW CAUSE

The plaintiff having appealed, by permission, to this Court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated September 23, 2005, and the appellant having perfected the appeal on November 15, 2006, the respondent having filed a brief on December 15, 2006, and amicus curiae briefs having been filed on February 5, 2007, and March 15, 2007, respectively, the matter was placed on this Court's calendar for November 30, 2007. By stipulation dated November 30, 2007, the parties withdrew the appeal. By letter dated February 7, 2008, the attorney for the appellant advised the court that the appeal was withdrawn based on a decision issued by the Court of Appeals, on July 2, 2007, in an action entitled Rosario v Diagonal Realty, LLC ( 8 NY 3d 755).

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 March 21, 2008.

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]); 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 upon counsel for the respective parties by regular mail.

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

ENTER:

James Edward Pelzer

Clerk of the Court