Appellate Division: Second Judicial Department

M112167

S/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-07352 John Heegan, et al., plaintiffs-respondents, v Gladiator Realty Corp., defendant third- party plaintiff-respondent, Davis Alarms, Inc., et al., defendants third-party defendants-appellants (and other titles). (Index No. 40917/04)

ORDER TO SHOW CAUSE

The defendants/third-party defendants Davis Alarms, Inc., and D & W Central Station Fire Alarm, Co., Inc., having appealed to this Court from an order of the Supreme Court, Kings County, dated June 29, 2009, and having perfected the appeal on April 13, 2010, the respondent Gladiator Realty Corp. having filed a brief on July 14, 2010, and the appellants having filed a reply brief on August 20, 2010, the matter was placed on this Court's calendar for December 2, 2010. By letter dated November 17,2010, counsel for the appellants sought permission to withdraw the appeal. By letter dated November 29, 2010, counsel for the appellants advised this court that the underlying matter had previously settled in October 2010. Attached to that letter was a stipulation discontinuing the underlying matter dated September 14, 2010.

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

ORDERED that the appellants and the 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 appellants and the respondent 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 23, 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., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court