| Wells Fargo Bank, N.A. v Lewis |
| Motion No: 2015-03517 |
| Slip Opinion No: 2017 NY Slip Op 63379(U) |
| Decided on February 6, 2017 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M225764
S/afa
LEONARD B. AUSTIN, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.
|
2015-03517
Wells Fargo Bank, N.A., appellant, v Betty Lewis, respondent, et al., defendant. (Index No. 2556/09)
| ORDER TO SHOW CAUSE |
The plaintiff having appealed to this Court from an order of the Supreme Court, Kings County, dated December 19, 2011, and having perfected the appeal on August 12, 2015, and no brief having been filed by the respondent, the matter was placed on this Court's calendar for January 30, 2017. By application dated January 23, 2017, the appellant withdrew the appeal, stating that the foreclosure action had been discontinued in November 2016.
Now, on the Court's own motion, it is
ORDERED that the appellant and the respondent, 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 or its 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 February 28, 2017.
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.
AUSTIN, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court