Appellate Division: Second Judicial Department

M258868

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-02339 Janier Amendano Romero, respondent, v Andrew Hsiao, appellant. (Index No. 509883/14)

ORDER TO SHOW CAUSE

Appeal by Andrew Hsiao from an order of the Supreme Court, Kings County, dated January 25, 2017. The appeal was perfected on April 14, 2017, and the respondent served and filed a brief on June 9, 2017. On July 2, 2018, the appellant's counsel advised the Court by telephone that the case had been settled approximately one year before. The appellant has not filed a stipulation or application to withdraw the appeal despite a request for one.

Now, on the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal has been rendered academic, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 24, 2019; and it is further,

ORDERED that counsel for the appellant, Pillinger Miller Tarallo, LLP, and counsel for the respondent, Battiloro Law Group, 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 1250.2(c) as this Court may deem appropriate, for failure to timely advise this Court that the matter had settled, 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 January 24, 2019; and it is further,

ORDERED that counsel for the appellant, Pillinger Miller Tarallo, LLP, is 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 it pursuant to 22 NYCRR 1250.1(h), 1250.2(c) as this Court may deem appropriate, for failure to timely file a stipulation or application to withdraw the appeal, 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 January 24, 2019; and it is further,

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the parties by regular mail.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court