| Palmeri Realty, LLC v Mattimore |
| Motion No: 2014-03555 |
| Slip Opinion No: 2015 NY Slip Op 91926(U) |
| Decided on November 30, 2015 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M202373
S/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2014-03555
Palmieri Realty, LLC, respondent, et al., plaintiffs, v Timothy J. Mattimore, appellant. (Index No. 20155/08)
| ORDER TO SHOW CAUSE |
The defendant having appealed to this Court from an order of the Supreme Court, Suffolk County, dated January 16, 2014, and having perfected the appeal on August 1, 2014, and the plaintiff Palmieri Realty, LLC, having filed a respondent's brief on August 11, 2015, and the reply brief having been filed on August 26, 2014, the appeal was placed on this Court's calendar for November 23, 2015. On November 4, 2015, the attorney for the appellant advised the Court that the case had settled and submitted a stipulation seeking leave to withdraw the appeal. By letter dated November 24, 2015, the attorney for the appellant advised the Court that the underlying action had been settled in December 2014.
Now, on the Court's own motion, it is
ORDERED that the parties 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 parties or their counsel pursuant to 22 NYCRR 670.2(g) as this Court may deem appropriate by 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 December 18, 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, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court