| Charles Deng Acupuncture, P.C., As Assignee of Callender-faulk, Coretta v Allstate Ins. Co. |
| Motion No: 2015-00405 KC |
| Slip Opinion No: 2018 NY Slip Op 69973(U) |
| Decided on April 10, 2018 |
| 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
DAVID ELLIOT, J.P.
MICHAEL L. PESCE
BERNICE D. SIEGAL, JJ.
ORDER TO SHOW CAUSE
| Charles Deng Acupuncture, P.C., as Assignee of Callender-Faulk, Coretta, Respondent, v Allstate Insurance Company, Appellant. |
Appellant Allstate Insurance Co., having appealed to this court from an order of the Civil Court of the City of New York, Queens County, entered December 10, 2014, and counsel having appeared for a CAMP conference on April 30, 2015, and appellant having perfected the appeal on August 13, 2015, and respondent having filed a brief on September 8, 2015 and a reply brief having been filed on September 21, 2015, and after trial, a judgment having been entered for plaintiff in the principal sum of $43.59, plus interest and attorneys fees on February 7, 2017, and both parties having been sent a notice on or about March 13, 2018, advising each that the appeal was to be heard on the March 27, 2018 ready-day calendar, and counsel for appellant having notified the court via letter on March 23, 2018, that the appeal was to be withdrawn, and attached to the letter was a Stipulation Withdrawing Appeal dated March 20, 2018, notwithstanding that the judgment disposing of the underlying action was entered February 7, 2017, more than 13 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 May 11, 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