| Jonas v Solstice Residential Group, LLC |
| Motion No: 2016-07888 |
| Slip Opinion No: 2017 NY Slip Op 94420(U) |
| Decided on December 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
M242465
X/afa
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2016-07888
Brian Jonas, et al., appellants, v Solstice Residential Group, LLC, et al., defendants, Michael Mager, et al., respondents. (Index No. 502241/14)
| ORDER TO SHOW CAUSE |
The plaintiffs having appealed to this Court from an order of the Supreme Court, Kings County, dated July 13, 2016, and the plaintiffs having perfected the appeal on March 15, 2017, and the defendants Michael Mager and Shauna Mager having filed a respondents' brief on April 4, 2017, and the reply brief having been filed on May 8, 2017, the matter was placed on this Court's calendar for November 28, 2017. By stipulation dated November 27, 2017, the parties withdrew the appeal, and the Court was advised for the first time that the case had been settled.
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 December 29, 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, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court