| 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 84089(U) |
| Decided on August 17, 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. By order to show cause dated April 20, 2016, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to the Rules of the Appellate Terms, Second Department (22 NYCRR)
§ 730.3 (f) upon the parties or their respective counsel.
Upon the order to show cause and the papers filed on behalf of the parties, it is
ORDERED that under the particular circumstances of this case, the court declines to impose sanctions on the parties or their counsel.
ENTER:
Paul Kenny
Chief Clerk