Appellate Division: Second Judicial Department

M260557

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

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

DECISION & ORDER ON MOTION

Appeal by Andrew Hsiao from an order of the Supreme Court, Kings County, dated January 25, 2017. By order to show cause dated January 3, 2019, the parties were 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, counsel for the parties 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 may deem appropriate, for failure to timely advise this Court that the matter had settled, and counsel for the appellant was 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.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, as abandoned; and it is further,

ORDERED that the branches of the motion which are to impose sanctions and/or costs for failure to timely advise this Court that the matter had settled and to impose sanctions and/or costs for failure to timely stipulation or application to withdraw the appeal are denied.

Under the circumstances of this case, sanctions are unwarranted.

LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court