Appellate Division: Second Judicial Department

M163105

S/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

SANDRA L. SGROI, JJ.

2012-06729 Amalia Oliveros, et al., respondents-appellants, v Fury, Kennedy & Griffin, et al., defendants, F. Hollis Griffin, etc., et al., defendants third-party plaintiffs-appellants-respondents; Jeffrey M. Adams, et al., third-party defendants-respondents. (Index No. 10673/10)

ORDER TO SHOW CAUSE

The defendants third-party plaintiffs F. Hollis Griffin and Michael H. Fury having appealed to this Court from an order of the Supreme Court, Rockland County, entered May 4, 2012,

and the plaintiffs having cross-appealed from the same order, the appellants-respondents perfected the appeal on October 9, 2012, the respondents-appellants and the respondents having filed their respective briefs on November 13, 2012, the appellants-respondents having filed a reply brief on November 30, 2012, and the respondents-appellants having filed a reply brief on February 7, 2013, the matter was placed on this Court's calendar for September 26, 2013. By letter dated September 25, 2013, counsel for the appellants-respondents requested withdrawal of the appeal and cross appeal on the ground that the case had been settled. Attached to the letter was a stipulation signed by all parties dated March 22, 2013, discontinuing the above-entitled action.

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

ORDERED that the appellants-respondents, the respondents-appellants, 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 appellants- respondents, the respondents-appellants, and the respondents 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 25, 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.

RIVERA, J.P., BALKIN, CHAMBERS and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court