Oliveros v Fury, Kennedy & Griffin
Motion No: 2012-06729
Slip Opinion No: 2013 NY Slip Op 90792(U)
Decided on November 8, 2013
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M165104

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)

DECISION & ORDER ON MOTION

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. By order to show cause dated October 2, 2013, the appellants-respondents, the respondents-appellants, and the respondents or their counsel were 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.

Upon the papers filed in response to the order to show cause, it is

ORDERED that the motion to impose sanctions upon the parties or their attorneys is denied.

Under the particular circumstances of this case sanctions are not warranted.

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

ENTER:

Aprilanne Agostino

Clerk of the Court