| Wells Fargo Bank, NA v Douglas |
| Motion No: 2016-04241 |
| Slip Opinion No: 2018 NY Slip Op 70964(U) |
| Decided on April 30, 2018 |
| 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
M249389
F/afa
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
SYLVIA O. HINDS-RADIX
ANGELA G. IANNACCI, JJ.
|
2016-04241 Wells Fargo Bank, N.A., respondent, v Karl Douglas, et al., appellants, et al., defendants. (Index No. 18103/11)
| ORDER TO SHOW CAUSE |
The defendants Karl Douglas and Deborah Douglas having appealed to this Court from an order of the Supreme Court, Nassau County, dated February 2, 2016, and having perfected the appeal on October 4, 2016, and the respondent having filed its brief on December 26, 2016, the appeal was placed on this Court's calendar for April 20, 2018. By letter dated April 18, 2018, the appellants' counsel sought to adjourn oral argument on the ground that the appellant Karl Douglas has an open bankruptcy proceeding, which was filed on September 7, 2017, in the United States Bankruptcy Court for the Eastern District of New York, under Docket No. 17-75424.
Now, on the Court's own motion, it is
ORDERED that counsel for the appellants, Richard V. Kanter, and counsel for the respondent, Knuckles, Komosinski & Manfro, LLP, 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 them 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 each other on or before May 17, 2018.
Section 670.2(g) of the rules of this Court provides, in relevant part, that " if any cause should not be calendared because of bankruptcy . . . 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.
MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court