| Alleviation Med. Servs., P.C., As Assignee of Shelnil Walcott v Hertz Co. |
| Motion No: 2015-01565 KC |
| Slip Opinion No: 2016 NY Slip Op 93289(U) |
| Decided on November 22, 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
MICHAEL L. PESCE, P.J.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Alleviation Medical Services, P.C., as Assignee of Shelnil Walcott, Respondent, v Hertz Co., Appellant. |
Appellant Hertz Co., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated March 23, 2015, and both counsel having attended a CAMP conference on September 3, 2015, and appellant having perfected the appeal on December 7, 2015, and respondent having filed its brief on December 16, 2015, and notices having been sent to the parties via email on November 9, 2016, advising of oral argument scheduled for November 23, 2016, and appellant's counsel having advised the court by telephone on November 16, 2016, that counsel had entered into a Stipulation Discontinuing Claims After Settlement, signed by both counsel and dated August 3, 2016, more than three months earlier,
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 December 14, 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