Appellate Division: Second Judicial Department

M262738

E/mm

ALAN D. SCHEINKMAN, P.J.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-00489 Guo-Bang Chen, respondent, v Caesar and Napoli, P.C., et al., appellants, et al., defendant. (Index No. 710872/15)

ORDER TO SHOW CAUSE

Motion by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, entered September 29, 2017. After the appellants perfected the appeal on April 5, 2018, the respondent filed a brief on April 27, 2018, and the appellant filed a reply brief on May 25, 2018.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appellants' counsel of record, Mischel & Horn, P.C., the appellants' trial counsel, Fixler and LaGattuta, LLP, and the respondent's counsel, Sim & Record, 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, which shall include a copy of the parties' settlement agreement, in the office of the Clerk of this Court and serving one copy of the same on each other on or before June 7, 2019; and it is further,

ORDERED that the appellants' motion is held in abeyance in the interim; and it is further,

ORDERED that 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.

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]).

SCHEINKMAN, P.J., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court