Appellate Division: Second Judicial Department

M261500

X/mm

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)

DECISION & ORDER ON MOTION

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. By order to show cause dated February 25, 2019, 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, 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.

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 sanctions is denied.

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

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

ENTER:

Aprilanne Agostino

Clerk of the Court