| St. Locher Med., P.C., As Assignee of Karl Jagdeo v State Farm Mut. Auto Ins. Co. |
| Motion No: 2016-00215 KC |
| Slip Opinion No: 2018 NY Slip Op 70876(U) |
| Decided on April 19, 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
| St. Locher Medical, P.C., as Assignee of Karl Jagdeo, Appellant, v State Farm Mutual Auto Ins. Co., Respondent. |
Appellant St. Locher Medical, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Queens County, entered December 7, 2015, and counsel having appeared for a CAMP conference on February 25, 2016, and appellant having perfected the appeal on June 2, 2016, and both parties having been sent a notice via e-mail on 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calendar, and counsel for appellant having notified the court via letter on March 23, 2018, that the appeal was to be withdrawn, and attached to the letter was a Stipulation of Discontinuance dated October 25, 2017, more than 4 months earlier.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 21, 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.
ELLIOT, J.P., PESCE and SIEGAL, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk