Appellate Division: Second Judicial Department

M95672

K/nl

MARK C. DILLON, J.P.

HOWARD MILLER

RANDALL T. ENG

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-04133 Louis Hodge, respondent, v Carmen M. Hinostroza, appellant. (Index No. 6240/07)

ORDER TO SHOW CAUSE

The defendant, Carmen M. Hinostroza, having appealed to this Court from an order of the Supreme Court, Queens County, entered March 25, 2009, and having perfected the appeal on May 4, 2009, and the respondent having filed no brief, the matter was placed on this Court's calendar for November 4, 2009. By letter dated October 27, 2009, counsel for the appellant advised this Court that the case had previously settled and requested to withdraw the appeal. The stipulation of discontinuance annexed to the letter is dated May 26, 2009.

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 December 30, 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 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.

DILLON, J.P., MILLER, ENG, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court