Appellate Division: Second Judicial Department

M121657

S/sl

WILLIAM F. MASTRO, J.P.

ARIEL E. BELEN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2009-10422, 2009-10451 Kristene Reichard, respondent, v Kevin M. Reichard, appellant. (Index No. 07-18074)

ORDER TO SHOW CAUSE

The defendant, Kevin M. Reichard, having appealed to this Court from two orders of the Supreme Court, Westchester County, dated October 14, 2009, and November 5, 2009, and having perfected the appeal on June 7, 2010, the respondent having filed a brief on September 16, 2010, and the appellant having filed a reply brief on September 24, 2010, the matter was placed on this Court's calendar for June 13, 2011. By letter dated June 2, 2011, counsel for the appellant advised this Court that the underlying matter had settled. By letter dated June 7, 2011, counsel for the appellant advised this court that the stipulation of settlement was executed on or about March 4, 2011. 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 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 July 8, 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.

MASTRO, J.P., BELEN, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court