| Reitano v Country Club of Purchase |
| Motion No: 2013-01945 |
| Slip Opinion No: 2014 NY Slip Op 70363(U) |
| Decided on April 25, 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. |
Appellate Division: Second Judicial Department
M173028
S/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
2013-01945
Stephen Reitano, et al., respondents, v Country Club of Purchase, appellant. (Index No. 11-57150)
| ORDER TO SHOW CAUSE |
The defendant having appealed to this Court from an order of the Supreme Court, Westchester County, dated December 20, 2012, and having perfected the appeal on March 20, 2013, the respondents having filed a brief on June 20, 2013, and the appellant having filed a reply brief on July 8, 2013, the matter was placed on this Court's calendar for April 17, 2014. A stipulation was received by the Court on April 1, 2014, withdrawing the appeal. Attached to the stipulation was a judgment of the Supreme Court, Westchester County, entered October 3, 2013, which was in favor of the appellant. No appeal has been taken from the judgment.
Now, on the Court's own motion, it is
ORDERED that the appellant 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 appellant 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 May 23, 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.
DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court