Appellate Division: Second Judicial Department

M171104

S/sl

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-07606, 2013-00653 John Paolillo, et al., respondents, et al., plaintiff, v North Merrick Fire District, et al., appellants, et al., defendants. (Index No. 7895/10)

ORDER TO SHOW CAUSE

The defendants North Merrick Fire District, North Merrick Fire Department, Inc., and Dale Carbone having appealed to this Court from two orders of the Supreme Court, Nassau County, dated June 4, 2012, and November 19, 2012, respectively, and having perfected the appeals on February 7, 2013, the respondents having filed a brief on April 11, 2013, and the appellants having filed a reply brief on April 26, 2013, the matter was placed on this Court's calendar for March 10, 2014. A stipulation was received by the Court on March 4, 2014, withdrawing the appeals. By letter dated March 5, 2014, counsel for the appellants notified the Court that the case had been settled on August 23, 2013.

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

ORDERED that the appellants and the respondents, or their respective 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 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 April 4, 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.

DICKERSON, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court