Appellate Division: Second Judicial Department

M260088

E/afa

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2016-09447, 2016-09451 Bank of New York Mellon, etc., respondent, Derek Smith, appellant, et al., defendants. (Index No. 56393/14)

ORDER TO SHOW CAUSE

Appeals by Derek Smith from two orders of the Supreme Court, Westchester County, both dated May 24, 2016. After the appellant perfected the appeals on March 6, 2017, the respondent filed a brief on April 6, 2017, and the appellant filed a reply brief on April 27, 2017, the matter was placed on the calendar for February 11, 2019. On February 6, 2019, the appellants submitted a stipulation to withdraw the appeals.

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

ORDERED that the appellant, Derek Smith, and his counsel, Marco & Sitaras, PLLC, and the respondent, Bank of New York Mellon, and its counsel, Gross Polowy, LLC, and its appellate counsel, Day Pitney, 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 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 20, 2019, and by appearing before this Court at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York, on February 27, 2019, at 3:00 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 counsel for the parties, by regular mail and by electronic mail. Counsel shall appear in person as directed herein.

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

ENTER:

Aprilanne Agostino

Clerk of the Court