Appellate Division: Second Judicial Department

M260026

E/sl

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)

DECISION & ORDER ON MOTION 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. By order to show cause dated January 16, 2019, 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, were 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 might deem appropriate.

Now, upon the order to show cause and the papers filed in response thereto, and upon hearing oral argument of the attorneys for the respective parties to the appeal, it is

ORDERED that the motion to impose a sanction is denied.

Under the circumstances of this case, we decline to impose a sanction, in the exercise of discretion.

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

ENTER:

Aprilanne Agostino

Clerk of the Court