of the State of New York for the 2nd, 11th & 13th judicial Districts

DAVID ELLIOT, J.P.

MICHAEL L. PESCE

BERNICE D. SIEGAL, JJ.

DECISION & ORDER ON MOTION

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calendar, and counsel for appellant having notified the court via letter on March 22, 2018, that the appeal was to be withdrawn, and attached to the letter was a Stipulation Withdrawing Appeal dated March 20, 2018, notwithstanding that the judgment disposing of the underlying action was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. By order to show cause dated April 10, 2018, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to the Rules of the Appellate Terms, Second Department (22 NYCRR) § 730.3 (f) upon the parties or their respective counsel.

Upon the order to show cause and the papers filed by counsel on behalf of the parties, it is

ORDERED that the motion is denied.

ELLIOT, J.P., PESCE and SEIGAL, J.J., concur.

ENTER:

Paul Kenny

Chief Clerk