Appellate Division: Second Judicial Department

M108426

J/sl

FRED T. SANTUCCI, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2010-04189 Stacey Kapeleris, respondent-appellant, v Susan Riordan, appellant-respondent. (Index No. 22863/08)

ORDER TO SHOW CAUSE

On the court's own motion, it is

ORDERED that its order to show cause dated July 22, 2010, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

The defendant having appealed to this court from an order of the Supreme Court, Kings County, dated March 18, 2010, and the plaintiff having cross-appealed from the same order, and this court having noticed the matter for a CAMP conference, and, counsel for the plaintiff having failed to appear at the conference without excuse.

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

ORDERED that counsel for the parties 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) upon counsel for the plaintiff, 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 October 18, 2010; 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.

SANTUCCI, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court