Appellate Division: Second Judicial Department

M228240

U/afa

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2015-06580 Frank A. Barone, respondent, v Gilma Posada Barone, etc., et al., appellants. (Index No. 9162/12)

ORDER TO SHOW CAUSE

The defendants having appealed to this Court from an order of the Supreme Court, Queens County, entered March 24, 2015, and having perfected the appeal on October 21, 2015, and the respondent having filed a brief on November 18, 2015, the matter was placed on this Court's calendar for March 21, 2017. By letter dated March 2, 2017, the appellants advised that the trial had been completed in November 2016, and therefore the appeal was no longer necessary. By stipulation dated March 2, 2017, the parties withdrew the appeal.

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

ORDERED that the appellants 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 appellants and the respondent 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 April 19, 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.

DILLON, J.P., LEVENTHAL, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court