Appellate Division: Second Judicial Department

M238760

X/afa

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2016-07894 Philomena Wilson, appellant, v Metropolitan Transit Authority, et al., respondents. (Index No. 700093/15)

ORDER TO SHOW CAUSE

The plaintiff having appealed to this Court from an order of the Supreme Court, Queens County, dated July 8, 2016, and having perfected the appeal on August 31, 2016, and the defendants having filed a respondents' brief on October 27, 2016, and the reply brief having been filed on November 7, 2016, the appeal was placed on this Court's calendar for September 29, 2017. By letter dated September 14, 2017, the attorney for the defendants advised the Court that the case had settled. Attached to the letter was a stipulation of discontinuance dated May 12, 2017. By letter dated September 25, 2017, the attorney for the plaintiff advised the Court that the case had settled and requested leave to withdraw the appeal.

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

ORDERED that the parties 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 parties or their counsel pursuant to 22 NYCRR 670.2(g) as this Court may deem appropriate by 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 October 20, 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.

LEVENTHAL, J.P., AUSTIN, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court