| Family Med. Practice, P.C. As Assignee of Eunice Jeanite v Praetorian Ins. Co. |
| Motion No: 2014-00435 KC |
| Slip Opinion No: 2016 NY Slip Op 71580(U) |
| Decided on April 20, 2016 |
| 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
MICHELLE WESTON, J.P.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Family Medical Practice, P.C. as Assignee of Eunice Jeanite, Respondent, v Praetorian Ins. Co., Appellant. |
Appellant Praetorian Ins. Co., having appealed to this court from a judgement of the Civil Court of the City of New York, Kings County, dated December 20, 2012, and counsel having attended a Civil Appeals Management Program (CAMP) conference on March 27, 2014, and appellant having perfected the appeal on September 30, 2014, and respondent having filed a brief on October 20, 2014 and a reply brief having been filed on November 10, 2014, and both parties having been sent a notice on March 30, 2016, advising each that the appeal was to be heard on the April 13, 2016 ready-day calendar, and counsel for defendant-appellant having notified the court via letter dated April 11, 2016, that the matter had been settled, and at the April 13, 2016 oral argument, counsel having submitted a Stipulation of Discontinuance dated December 3, 2012, more than 3 years and four months before it was placed on the Appellate Term calendar for oral argument,
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 June 1, 2016.
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