Appellate Division: Second Judicial Department

M192547

U/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-08747 Michael Kim, respondent, v Lina Yang, et al., defendants, George Hu, appellant. (Index No. 11841/12)

ORDER TO SHOW CAUSE

The defendant George Hu having appealed to this Court from an order of the Supreme Court, Queens County, dated June 19, 2014, and having perfected the appeal on November 20, 2014, and the respondent Michael Kim having filed a brief on December 16, 2014, the matter was placed on this Court's calendar for May 8, 2015. By letter dated May 7, 2015, the appellant's attorney advised the Court that the case had been settled on February 19, 2015, and submitted a stipulation dated May 7, 2015, requesting withdrawal of the appeal.

Now, on the Court's own motion, it is

ORDERED that the appellant and the respondent, 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 respondent 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 16, 2015.

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, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court