Appellate Division: Second Judicial Department

M182025

S/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2012-08416 Sunken Pond Estates Homeowners Association, Inc., et al., appellants, v Sunken Pond Estates, Inc., et al., respondents (and a third-party action). (Index No. 43653/08)

ORDER TO SHOW CAUSE

The plaintiffs having appealed to this Court from an order of the Supreme Court, Suffolk County, dated June 21, 2012, and the plaintiffs having perfected the appeal on April 3, 2013, the respondents having filed a brief on May 7, 2013, the matter was placed on this Court's calendar for September 12, 2014. By letter dated September 10, 2014, the attorney for the respondents advised the Court that the underlying action had been settled in July 2013. By letter dated September 11, 2014, the attorneys for the appellants requested that the oral argument of the appeal be adjourned because the attorney who had handled the appeal was on vacation, and the writer could not determine whether the appeal should be withdrawn. A stipulation was received by the Court on September 29, 2014, withdrawing the appeal.

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 November 21, 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.

MASTRO, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court