| Oakdale Manor Owners, Inc. v Victoria Tchistiakova |
| Motion No: 2015-00411 ROC |
| Slip Opinion No: 2016 NY Slip Op 95350(U) |
| Decided on December 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 9th & 10th judicial Districts
BRUCE E. TOLBERT, J.P.
ANGELA G. IANNACCI
JAMES V. BRANDS, JJ.
ORDER TO SHOW CAUSE
| Oakdale Manor Owners, Inc., Appellant, v Victoria Tchistiakova, Respondent. |
Appellant Oakdale Manor Owners, Inc., having appealed to this court from a judgment of the Justice Court, Town of Ramapo, Rockland County, entered October 27, 2014, and appellant having perfected the appeal on June 3, 2015, and respondent having filed its brief on July 7, 2015, and appellant having filed a reply brief on July 9, 2015, and notices having been sent to the parties by mail on November 16, 2016, advising of oral argument scheduled for December 1, 2016, and in a letter dated December 2, 2016, received by the Appellate Term on December 7, 2016, the parties having submitted a Stipulation to Discontinue Appeal, dated November 21, 2016, ten days before the ready-day calendar.
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 January 6, 2017.
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