| Jamaica Ave. Chiropractic, P.C., As Assignee of Flora Vazquez v Geico Ins. Co. |
| Motion No: 2016-00762 QC |
| Slip Opinion No: 2017 NY Slip Op 96094(U) |
| Decided on December 8, 2017 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Jamaica Avenue Chiropractic, P.C., as Assignee of Flora Vazquez, Respondent, v GEICO Insurance Company, Appellant. |
Appellant GEICO General Insurance Co., having appealed to this court from an order of the Civil Court of the City of New York, Queens County, entered January 20, 2016, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on May 5, 2016, and appellant having perfected the appeal on July 28, 2016, and respondent's brief having been filed on August 16, 2016 and a reply brief having been filed by appellant on August 23, 2016. Both parties having been sent a notice by email on November 8, 2017, advising each that the appeal was to be heard on a date to be determined, and A Stipulation to Discontinuance Appeal dated November 9, 2017 having been faxed to the Appellate Term on November 9, 2017, signed by both counsel, and an examination of the records of the Civil Court of the City of New York, Queens County having established that the matter was "discontinued without prejudice" by stipulation dated May 2, 2017, more than six months earlier.
Now, on the court's own motion, it is
ORDERED that the appellant and the respondent 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 appellant and the respondent or their respective counsel pursuant to 22 NYCRR 730.3 (f) 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 January 12, 2018.
Section 730.3 (f) of the rules of this Court provides, in relevant part, that "[i]f an appeal or the underlying action or proceeding is wholly or partially settled ... the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of costs and/or sanctions as the court may direct" (22 NYCRR 730.3 [f]).
The Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.
ENTER:
Paul Kenny
Chief Clerk