Appellate Division: Second Judicial Department

M70950

S/sl

ROBERT A. SPOLZINO, J.P.

ROBERT A. LIFSON

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2007-03008 Beatrice Friedgood, respondent, v D.V.V.A. Carle Place Restaurant, Inc., d/b/a Chateau Briand, appellant. (Index No. 25352/02)

DECISION & ORDER ON MOTION

The defendant, D.V.V.A. Carle Place Restaurant, Inc., d/b/a Chateau Briand, having appealed to this Court from an order of the Supreme Court, Kings County, dated February 15, 2007, and having perfected the appeal on August 6, 2007, the respondent having filed a brief on September 10, 2007, and the appellant having filed a reply brief on September 28, 2007, the matter was placed on this Court's calendar for March 28, 2008. By letter dated March 13, 2008, counsel for the respondent advised this Court that the case had previously settled in October 2007. By order to show cause dated April 10, 2008, the parties or their counsel were 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.

On the court's own motion and the papers filed in response thereto, it is

ORDERED that the motion to impose sanctions is denied.

Under the circumstances sanctions are not warranted.

SPOLZINO, J.P., LIFSON, FLORIO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court