| W.H.O. Acupuncture, P.C. As Assignee of Dixon Richard v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2010-02906 qc |
| Slip Opinion No: 2012 NY Slip Op 72804(U) |
| Decided on May 7, 2012 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| W.H.O. Acupuncture, P.C. as Assignee of Dixon Richard, Appellant, v State Farm Mutual Automobile Ins. Co., Respondent. |
The plaintiff-appellant W.H.O. Acupuncture, P.C. a/a/o Richard Dixon, having appealed to this Court from an order of the Civil Court, Queens County, dated June 10, 2010, and appellant and respondent having submitted a stipulation enlarging the time to serve and file their appellate briefs, and appellant having perfected the appeal on June 3, 2011, the matter was placed on this Court's calendar for May 2, 2012. By letter dated April 30, 2012 counsel for the respondent sought permission to withdraw the appeal, advising that the underlying matter had previously been settled in September 2011. Attached to that letter was a stipulation discontinuing the underlying matter dated September 2, 2011.
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 appellant and the respondent or their respective counsel pursuant to 22 NYCRR 730.3 (f) 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 June 1, 2012.
Section 730.3 (f) of the rules of this Court provides, in relevant part, that "[i]f an appeal or the underlying action or proceeding is wholly or partially settled ... the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of costs and/or sanctions as the court may direct" (22 NYCRR 730.3 [f]).
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.
PESCE, P.J., RIOS and ALIOTTA, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk