Columbia Home Loans, LLC v Khan
Motion No: 2009-11117
Slip Opinion No: 2010 NY Slip Op 85444(U)
Decided on October 20, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M109819

J/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2009-11117

Columbia Home Loans, LLC, etc., appellant,

v Irshad Khan, respondent.

(Index No. 21022/08)

ORDER TO SHOW CAUSE

Appeal by Columbia Home Loans, LLC from an order of the Supreme Court, Queens County, dated September 28, 2009. The appellant perfected the appeal on January 13, 2010. On or about March 26, 2010, this Court received a stipulation of settlement signed by the parties dated March 16, 2010. The appellant has not submitted a motion or application withdrawing the appeal.

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 dismissing the appeal on the ground that the action has been settled but the appellant has not submitted a motion or application withdrawing the appeal, 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 November 24, 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.

SKELOS, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court