Appellate Division: Second Judicial Department

M116814

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-04977 Assol F. Khodeeva, et al., appellants, v Chi Chung Yip, et al., respondents. (Index No. 100596/09)

ORDER TO SHOW CAUSE

Motion by the respondents to strike the record on an appeal from an order of the Supreme Court, Richmond County, dated April 21, 2010, on the ground that it is inadequate, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied as academic in light of the filing of a supplemental record on January 20, 2011, pursuant to a stipulation of the parties dated January 19, 2011, and the timely service and filing of the respondents' brief; and it is further,

ORDERED that on the Court's own motion, counsel for the parties are directed to 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 respondents for failure to withdraw the motion, in light of the stipulation of the parties dated January 19, 2011, and the timely service and filing of the respondents' brief, 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 April 8, 2011; 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.

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court