Appellate Division: Second Judicial Department

M111640

S/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2010-01927 Oriana Valdes, plaintiff-respondent, v Victor J. Baez, appellant, Jorge E. Tello, defendant-respondent. (Index No. 022533/06)

ORDER TO SHOW CAUSE

The defendant Victor J. Baez, having appealed to this Court from an order of the Supreme Court, Queens County, dated December 15, 2009, and having perfected the appeal on April 9, 2010, and the defendant-respondent having filed a brief on April 21, 2010, the matter was placed on this Court's calendar for November 23, 2010. By letter dated November 18, 2010, counsel for the appellant advised this Court that the underlying matter had previously settled on September 7, 2010, and the "closing documents" were received by counsel on September 30, 2010. 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 appellant and the defendant-respondent 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 17, 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., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court