Appellate Division: Second Judicial Department

M263849

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2017-02108 Bank of New York Mellon, etc., respondent, v Cathy Morris, appellant, et al., defendants. (Index No. 609089/15)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Suffolk County, dated December 15, 2016. On May 26, 2017, the appellant perfected the appeal, and on August 7, 2017, the respondent filed its brief. The matter was submitted at the calendar on February 19, 2019, and the appeal was determined by decision and order of this Court dated May 22, 2019. In June 2019 this Court was advised that the underlying action had been discontinued by order of the Supreme Court, Suffolk County, dated November 7, 2018.

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

ORDERED that the appellant and her counsel, The Ranalli Law Group, PLLC, and the respondent, and its counsel, Druckman Law Group, PLLC, 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 July 11, 2019.

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.

BALKIN, J.P., AUSTIN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court