Appellate Division: Second Judicial Department

M67290

E/S/nl

STEVEN W. FISHER, J.P.

DAVID S. RITTER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-08263 Simcha Gruenhut, respondent-appellant, v Elery Mitchell, appellant-respondent. (Appeal No. 1) (Index No. 08346/05) 2007-08269 Simcha Gruenhut, respondent-appellant, v Elery Mitchell, appellant-respondent. (Appeal No. 2) (Index No. 08344/05) 2007-08270 Simcha Gruenhut, respondent-appellant, v Elery Mitchell, appellant-respondent. (Appeal No. 3) (Index No. 08345/05)

ORDER TO SHOW CAUSE

The defendant having appealed to this court from three orders of the Supreme Court, Kings County, all dated July 12, 2007, and the plaintiff having cross appealed from the same orders, and this court having noticed the matter for a CAMP conference, and, counsel for the defendant having failed to appear at the conference without excuse.

Now, on the court's own motion, it is

ORDERED that counsel for the appellants and the respondents show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by 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 April 4, 2008; 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 all parties by regular mail.

FISHER, J.P., RITTER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court