Appellate Division: Second Judicial Department

M151440

S/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2012-00503 Wilfredo Cuevas, plaintiff, v 39 CAM, LLC, et al., defendants third-party plaintiffs-respondents, et al., defendants; Atlantis Health Systems, Inc., third-party defendant-appellant. (Index No. 11703/06)

ORDER TO SHOW CAUSE

The third-party defendant, Atlantis Health Systems, Inc., having appealed to this Court from an order of the Supreme Court, Kings County, dated September 23, 2010, and having perfected the appeal on May 21, 2012, and the respondents having filed a brief on June 14, 2012, and the appellant having filed a reply brief on July 17, 2012, the matter was placed on this Court's calendar for February 8, 2013. By letter dated February 8, 2013, appellant's counsel advised this Court that the case had settled in November 2012. A stipulation attached to the letter seeks withdrawal of the appeal.

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

ORDERED that the appellant and the respondents 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 above 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 March 8, 2013.

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 her designee, is directed to serve copies of this order to show cause upon counsel for the respective parties by regular mail.

MASTRO, J.P., AUSTIN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court