Appellate Division: Second Judicial Department

M175003

S/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2012-04620 Maria Sehne, et al., respondents, v Smithtown Central School District, appe (Index No. 36562/09)

ORDER TO SHOW CAUSE llant.

The defendant having appealed to this Court from an order of the Supreme Court, Suffolk County, dated March 21, 2012, and having perfected the appeal on September 12, 2012, the respondents having filed a brief on November 13, 2012, and the appellant having filed a reply brief on November 28, 2012, the matter was placed on this Court's calendar for May 19, 2014. By letter dated April 29, 2014, the appellant's attorney advised the Court that the case had been settled and requested that the appeal be withdrawn. By letter dated May 9, 2014, the appellant's attorney submitted a stipulation signed by the parties withdrawing the appeal and advising the Court that the case had been settled in April 2013.

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 June 27, 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., LOTT, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court