Appellate Division: Second Judicial Department

M99038

K/nl

JOSEPH COVELLO, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2008-09814 Certain Interested Underwriters at Lloyd's of London, appellant, v Z & J Construction Corp., et al., respondents. (Index No. 35745/06)

ORDER TO SHOW CAUSE

The plaintiff, Certain Interested Underwriters at Lloyd's of London, having appealed to this Court from an order and judgment (one paper) of the Supreme Court, Kings County, dated September 9, 2008, and having perfected the appeal on June 16, 2009, the respondent Congregation Chessed L'Avraham V'Kohel Ohel Moshe Society having filed a brief on July 15, 2009, and the appellant having filed a reply brief on August 13, 2009, the matter was placed on this Court's calendar for February 1, 2010. By letter dated January 28, 2010, counsel for the appellant advised this Court that the underlying matter had previously settled and releases were executed in December 2009. Counsel for the appellant has submitted a stipulation to withdraw the instant appeal.

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 19, 2010.

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.

COVELLO, J.P., MILLER, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court