Appellate Division: Second Judicial Department

M67262

S/sl

PETER B. SKELOS, J.P.

ROBERT A. LIFSON

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2006-09976 Donald R. Zahn, appellant, v Judith L. Oderwald, et al., respondents. (Index No. 19773/02)

ORDER TO SHOW CAUSE

The plaintiff having appealed to this Court from an order of the Supreme Court, Nassau County, dated August 24, 2006, and the appellant having perfected the appeal on April 5, 2007, the respondent having filed a brief on May 11, 2007, and the appellant having filed a reply brief on May 18, 2007, the matter was placed on this Court's calendar for February 19, 2008. By letter dated February 14, 2007, counsel for the appellant advised this Court that the matter had been settled in September 2007, and that the appeal was being withdrawn.

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 28, 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.

SKELOS, J.P., LIFSON, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court