| Webster Dst Med., P.C. As Assignee of Luis Hernandez v Praetorian Ins. Co. |
| Motion No: 2012-01796 KC |
| Slip Opinion No: 2015 NY Slip Op 71216(U) |
| Decided on April 16, 2015 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Webster DST Medical, P.C. as Assignee of Luis Hernandez, Respondent, v Praetorian Ins. Co., Appellant. |
Appellant Praetorian Insurance Co., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated June 7, 2012, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on September 13, 2012, and appellant having perfected the appeal on March 29, 2013, the appeal was noticed for a submission calendar on March 18, 2015. By letter dated March 24, 2015, appellant's counsel submitted a Stipulation of Discontinuance With Prejudice, signed by both parties and dated July 2, 2014, more than 8 months earlier,
Now, on the court's own motion, it is
ORDERED that the appellant and the respondent or their 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 730.3 (f) 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 15, 2015.
Section 730.3 (f) of the rules of this Court provides, in relevant part, that "[i]f an appeal or the underlying action or proceeding is wholly or partially settled ... the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of costs and/or sanctions as the court may direct" (22 NYCRR 730.3 [f]).
The Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.
ENTER:
Paul Kenny
Chief Clerk