Appellate Division: Second Judicial Department

M111402

S/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2009-08650 Andrea Grippi, appellant, v Balkan Sewer & Water Main Service, et al., respondents (and third-party actions). (Index No. 28730/08)

ORDER TO SHOW CAUSE

The plaintiff, Andrea Grippi, having appealed to this Court from an order of the Supreme Court, Queens County, dated December 15, 2008, and having perfected the appeal on April 5, 2010, and the respondent Balkan Sewer & Water Main Service having filed a brief on May 6, 2010, the matter was placed on this Court's calendar for November 16, 2010. By letter dated October 29, 2010, counsel for the respondent Balkan Sewer & Water Main Service advised this Court that the case had previously settled and requested that the appeal be withdrawn. The stipulation of discontinuance annexed to the letter, which included a provision withdrawing the appeal, is dated September 21, 2010.

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

ORDERED that the appellant and the respondent Balkan Sewer & Water Main Service 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 above 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 10, 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.

FISHER, J.P., ANGIOLILLO, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court