Beckman and Associates, Inc. v Wiznucleus, Inc.
Motion No: 2015-11034
Slip Opinion No: 2017 NY Slip Op 77528(U)
Decided on June 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M233170

S/afa

MARK C. DILLON, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2015-11034

Beckman and Associates, Inc., respondent,

v Wiznucleus, Inc., appellant.

(Index No. 12098/12)

DECISION & ORDER ON MOTION

The defendant having appealed to this Court from an order of the Supreme Court, Nassau County, dated September 3, 2015, and having perfected the appeal on May 26, 2016, and the respondent having filed a brief on June 27, 2016, the matter was placed on this Court's calendar for March 28, 2017. By stipulation dated March 24, 2017, the parties withdrew the appeal, and the Court was advised for the first time that the case had been settled. By order to show cause dated April 21, 2017, the appellant and the respondent, or their respective counsel, were 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 670.2(g) as this Court may deem appropriate.

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is denied.

Under the circumstances, sanctions are not warranted.

DILLON, J.P., COHEN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court