Appellate Division: Second Judicial Department

M228455

U/ct

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2015-02309 Jose Cueva, appellant, v Skanska USA Building, Inc., respondent. (Index No. 15270/11)

ORDER TO SHOW CAUSE

The plaintiff having appealed to this Court from an order of the Supreme Court, Queens County, dated January 8, 2015, and having perfected the appeal on September 3, 2015, the respondent having filed a brief on November 4, 2015, and the plaintiff having filed a reply brief on November 13, 2015, the matter was placed on this Court's calendar for March 22, 2017. By letter dated March 16, 2017, the plaintiff's appellate counsel sought to withdraw the appeal on the ground that the case had been settled. On March 16, 2017, the plaintiff's appellate counsel submitted a copy of a stipulation dated November 10, 2016, signed by the parties' respective trial counsel, discontinuing the above-entitled action.

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

ORDERED that the respective counsel for the parties, including Lipsig, Shapey Manus & Moverman, trial counsel for the appellant, Pollack, Pollack, Isaac & De Cicco, appellate counsel for the appellant, and Fabiani, Cohen & Hall, counsel for the respondent, 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 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 May 30, 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., AUSTIN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court