Appellate Division: Second Judicial Department

M259285

E/afa

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2016-02833 Keyspan Gas East Corporation, etc., plaintiff, v Supervisor of Town of Oyster Bay, et al., defendant Syosset Sanitation District, defendant third-party plaintiff-respondent, Glenwood-Glen Head Garbage District, defendant second third-party plaintiff-respon County of Nassau, et al., third-party/second third-part defendants-appellants (and another third-party action (Index No. 8201/09)

ORDER TO SHOW CAUSE s, dent; y ).

Appeal by County of Nassau and Nassau County Board of Assessors from an order of the Supreme Court, Nassau County, entered October 1, 2015. In December 2016, the appellants withdrew the appeal against certain parties and thereafter, on March 13, 2017, they perfected the appeal insofar as taken against Syosset Sanitation District and Glenwood-Glen Head Garbage District. Those respondents filed their brief on May 15, 2017, and the appellants filed their reply brief on June 15, 2017. The matter was submitted at the calendar on January 7, 2019. On January 14, 2019, the appellants submitted an undated stipulation, signed by their counsel and counsel for the respondents, attempting to withdraw the appeal insofar as taken against Syosset Sanitation District and Glenwood-Glen Head Garbage District.

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

ORDERED that the appellants, County of Nassau and Nassau County Board of Assessors, and their co-counsel, Rivkin Radler LLP and Jared A. Kasschau, Nassau County Attorney, and the respondents, Syosset Sanitation District and Glenwood-Glen Head Garbage District, and their counsel, Sahn, Ward, Coschignano PLLC, 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, 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 February 1, 2019, and by appearing before this Court at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York, on February 6, 2019, at 2:00 o'clock in the afternoon of that day.

Section 1250.2(c) of the rules of this Court provides, in pertinent part, that "[t]he parties or their attorneys shall immediately notify the court when there is a settlement of a matter or any issue therein or when a matter or any issue therein has been rendered moot . . . . Any such notification shall be followed by an application for appropriate relief. Any party or attorney who, without good cause shown, fails to comply with the requirements of this subdivision may be subject to the imposition of sanctions" (22 NYCRR 1250.2[c]).

The Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon co-counsel for County of Nassau and Nassau County Board of Assessors, and counsel for Syosset Sanitation District and Glenwood-Glen Head Garbage District, by regular mail and electronic mail. Counsel shall appear in person as directed herein.

SCHEINKMAN, P.J., BALKIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court