Appellate Division: Second Judicial Department

M260428

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2017-08562 Aurora Loan Services, LLC, respondent, v Patricia Waite, appellant, et al., defendants. (Index No. 10499/07)

ORDER TO SHOW CAUSE

Appeal by Patricia Waite from an order of the Supreme Court, Kings County, dated May 17, 2017. The appellant perfected the appeal on January 31, 2018, the respondent filed a brief on June 20, 2018, the appellant filed a reply brief on July 2, 2018, and the matter was placed on the calendar for February 11, 2019. On February 8, 2019, the respondent's appellate counsel advised the Court, by letter, that the underlying action had been settled, and on February 19, 2019, a stipulation to withdraw the appeal was submitted to the Court.

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

ORDERED that the appellant's co-counsel, Rubin & Licatesi, P.C., and Cooper & Paroff, PC, and the respondent's counsel, Davidson Fink, LLP, and appellate counsel, Sandelands Eyet, 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 March 20, 2019, and by appearing before this Court at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York, on March 27, 2019, at 3:00 o'clock in the afternoon of that day.

Section 1250.2(c) of the Practice Rules of the Appellate Division 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