Appellate Division: Second Judicial Department

M266361

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-06562 E*Trade Bank, respondent, v Josseline Minault, et al., appellants, et al., defendants. (Index No. 5331/13)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated April 4, 2017. On March 7, 2018, the appellants perfected the appeal, and on April 11, 2018, the respondent filed its brief. The matter was calendared for oral argument or submission on September 20, 2019. On August 30, 2019 this Court was advised that the underlying action had been settled and subsequently the Court determined that the action had been discontinued by order of the Supreme Court, Kings County, dated May 28, 2019.

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

ORDERED that the appellants and their counsel, Lee M. Nigen, and the respondent, and its counsel, Jeffrey A. Kosterich, 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 October 24, 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]).

MASTRO, J.P., LEVENTHAL, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court