Appellate Division: Second Judicial Department

M170395

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-07474 Neranda Budhan, respondent, v Little Guyana Bake Shop, et al., appellants. (Index No. 13486/09)

ORDER TO SHOW CAUSE

The defendants having appealed to this Court from an order of the Supreme Court, Queens County, dated June 4, 2012, and having perfected the appeal on February 11, 2013, the respondents having filed a brief on April 17, 2013, and the appellants having filed a reply brief on April 23, 2013, the matter was placed on this Court's calendar for February 24, 2014. By letter dated January 31, 2014, counsel for the appellants notified the Court that the case was settled and asked that the appeal be removed from the calendar. By letter dated February 10, 2014, counsel for the appellants sought permission to withdraw the appeal. Attached to the letter was a stipulation of discontinuance of the above-entitled action dated November 14, 2013.

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

ORDERED that the 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 appellant and the respondent 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 28, 2014.

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.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court