Appellate Division: Second Judicial Department

M162467

S/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-04882 David Reinhardt, plaintiff-respondent, v Perry Mansions, L.P., et al., defendants-respondents, Minor Bird, Inc., doing business as Doma CafÉ Gallery, appellant (and third/fourth-party actions). (Index No. 6853/10)

ORDER TO SHOW CAUSE

The defendant Minor Bird, Inc., doing business as Doma CafÉ Gallery, having appealed to this Court from an order of the Supreme Court, Kings County, dated March 21, 2012, and having perfected the appeal on September 25, 2012, the respondents having filed their respective briefs on October 31, 2012, the matter was placed on this Court's calendar for September 12, 2013. By letter dated August 19, 2013, counsel for the appellant sought permission to withdraw the appeal. Attached to that letter was a copy of stipulation dated December 20, 2012, discontinuing the above-entitled action.

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 appellant, the respondents, and/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 October 4, 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 a copy of this order to show cause upon counsel for the respective parties by regular mail.

BALKIN, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court