Appellate Division: Second Judicial Department

M178657

S/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-04191 In the Matter of Arnold Golus, deceased. Ita Golus Lopper, et al., respondents; Saul Eagle, appellant. (File No. 3782/10)

ORDER TO SHOW CAUSE

Saul Eagle having appealed to this Court from an order of the Surrogate's Court, Kings County, dated November 1, 2012, and having perfected the appeal on May 10, 2013, the respondents having filed a brief on June 4, 2013, and the appellant having filed a reply brief on June 19, 2013, the matter was placed on this Court's calendar for August 7, 2014. By letter dated July 3, 2014, the appellant's attorney advised the Court that the case had been settled and asked that the appeal be withdrawn. The appellant's counsel submitted a stipulation of settlement dated October 20, 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 September 19, 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., DICKERSON, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court