Appellate Division: Second Judicial Department

M85475

K/nl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2007-11394 Emp of Levy Shopping Center, LLC, respondent, v Jean Marie Cham, appellant. (Index No. 06-271)

ORDER TO SHOW CAUSE

The defendant, Jean Marie Cham, having appealed to this Court from an order of the Supreme Court, Rockland County, dated October 19, 2007, and having perfected the appeal on July 18, 2008, and the plaintiff having filed a respondent's brief on September 22, 2008, the matter was placed on this Court's calendar for March 30, 2009. By letter dated March 26, 2009, counsel for the plaintiff advised this Court that the appeal had been rendered academic by the entry of a final judgment in August 2008 in favor of the defendant, following trial, and the satisfaction thereof.

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

ORDERED that the parties and 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 and/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 May 15, 2009.

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 issues are wholly or partially rendered moot, 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]).

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.

RIVERA, J.P., COVELLO, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court