Aronica v Seventeen Development, LLC
Motion No: 2013-00426
Slip Opinion No: 2014 NY Slip Op 69202(U)
Decided on April 11, 2014
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

M172540

S/sl

PETER B. SKELOS, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2013-00426

Frank R. Aronica, respondent,

v Seventeen Development, LLC, appellant

(Index No. 12696/09)

ORDER TO SHOW CAUSE

.

The defendant having appealed to this Court from an order of the Supreme Court, Kings County, dated November 13, 2012, and having perfected the appeal on March 21, 2013, the respondent having filed a brief on May 28, 2013, and the appellant having filed a reply brief on June 10, 2013, the matter was placed on this Court's calendar for March 28, 2014. By letter dated March 11, 2014, counsel for the appellant submitted a stipulation withdrawing the appeal. The letter advised the Court that the case had been settled in September 2013.

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

ORDERED that the appellant and the respondent, 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 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 April 30, 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.

SKELOS, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court