| Jamaica Wellness Med., P.C., As Assignee of Anthony Joseph v Elrac, Inc. |
| Motion No: 2016-01263 KC |
| Slip Opinion No: 2018 NY Slip Op 88066(U) |
| Decided on October 29, 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
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
ORDER TO SHOW CAUSE
| Jamaica Wellness Medical, P.C., as Assignee of Anthony Joseph, Appellant, v ELRAC, Inc., Respondent. |
Appellant Jamaica Wellness Medical, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated April 12, 2016, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on July 7, 2016, and appellant perfected the appeal on October 5, 2016, and both parties having been sent a notice on September 27, 2018, advising each that the appeal was to be heard on submission, and by fax dated October 2, 2018, the court having been advised that the matter had been discontinued by stipulation dated October 16, 2016, nearly two years 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 December 7, 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