| National Med. & Surgical Supply, Inc. As Assignee of Tanya Fleming & Jerome Kilpatrick v Praetorian Ins. Co. |
| Motion No: 2011-02759 kc |
| Slip Opinion No: 2013 NY Slip Op 84271(U) |
| Decided on August 27, 2013 |
| 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
ORDER TO SHOW CAUSE
| National Medical & Surgical Supply, Inc. as Assignee of Tanya Fleming and Jerome Kilpatrick, Respondent, v Praetorian Ins. Co., Appellant. |
The defendant-appellant Praetorian Ins. Co., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated August 17, 2011, and appellant having perfected the appeal on March 27, 2012, and the parties having appeared at a CAMP conference on December 8, 2011, and appellant having moved this court to stay the trial pending appeal on April 19, 2012, and the appeal having been placed upon the July 31, 2013 submission calendar, and appellant's counsel having advised the court by letter dated July 15, 3013 that the case was settled and appellant therewith having filed a Stipulation Discontinuing Claims after Settlement dated June 12, 2012, executed by counsel for both parties.
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 October 10, 2013.
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.
.
ENTER:
Paul Kenny
Chief Clerk