Appellate Division: Second Judicial Department

M216254

S/sl

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2014-00756 Vertical Progression, Inc., appellant, v Canyon Johnson Urban Funds, et al., respondents. (Index No. 27488/11)

ORDER TO SHOW CAUSE

The plaintiff having appealed to this Court from an order of the Supreme Court, Kings County, dated September 27, 2013, and having perfected the appeal on November 21, 2014, the defendants having filed a brief on February 19, 2015, and the plaintiff having filed a reply brief on March 6, 2015, the matter was placed on this Court's calendar for May 19, 2016. By letter dated May 6, 2016, the appellant's attorney requested that the appeal be withdrawn because the matter had been "fully resolved". The parties submitted a stipulation dated May 12, 2016, withdrawing the appeal. Attached to the stipulation withdrawing the appeal was a stipulation of discontinuance of the underlying action dated December 28, 2015.

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

ORDERED that the appellant 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 appellant 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 September 8, 2016.

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.

RIVERA, J.P., COHEN, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court