| Island Life Chiropractic, P.C., As Assignee of Gilbert, Anthony v National Liab. & Fire Ins. Co. |
| Motion No: 2015-01527 QC |
| Slip Opinion No: 2017 NY Slip Op 96386(U) |
| Decided on December 15, 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
| Island Life Chiropractic, P.C., as Assignee of Gilbert, Anthony, Appellant, v National Liability & Fire Insurance Company, Respondent. |
Appellant Island Life Chiropractic, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Queens County, dated April 22, 2015, and counsel having appeared for a CAMP conference on August 13, 2015, and appellant having perfected the appeal on December 30, 2015, and respondent having filed a brief on January 20, 2016., and both parties having been sent a notice on November 29, 2017, advising each that the appeal was to be heard on submission on December 15, 2017, and counsel for plaintiff-appellant having notified the court via letter dated December 6, 2017, that the appeal was to be withdrawn, and counsel having attached to the letter a Stipulation of Discontinuance With Prejudice dated September 6, 2016, 15 months earlier,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 17, 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