Ventures Trust 2013-I-H-R v Sabharwal
Motion No: 2017-09828
Slip Opinion No: 2019 NY Slip Op 81928(U)
Decided on October 16, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M266750

E/mb

ALAN D. SCHEINKMAN, P.J.

SHERI S. ROMAN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2017-09828

Ventures Trust 2013-I-H-R, etc., appellant,

v Upinderpal S. Sabharwal, etc., respondent,

et al., defendants.

(Index No. 71652/14)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated May 4, 2017.

After the appellant perfected the appeal on April 9, 2018, the respondent did not file a brief, the appellant's counsel did not respond to a status inquiry from this Court on June 18, 2019, and the matter was placed on the calendar for November 13, 2019. On October 15, 2019, this Court received a stipulation withdrawing appeal, which stated that the action had been dismissed by an order of the Supreme Court, Westchester County, entered January 30, 2019.

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

ORDERED that the appellant, Ventures Trust 2013-I-H-R, the appellant's counsel, Gross Polowy, LLC, Stephen Vargas, the handling attorney at Gross Polowy, LLC, the respondent, Upinderpal S. Sabharwal, and the respondent's counsel, Law Offices of Andrew P. Saulitis, P.C., 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 a hard copy of an affirmation or affidavit on that issue in the office of the Clerk of this Court, by uploading a digital copy of the affirmation or affidavit on the digital portal of this Court's website, and by serving one hard copy of the affirmation or affidavit on each other, on or before November 6, 2019, and by appearing before this Court at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York, on November 13, 2019, at 2:00 o'clock in the afternoon of that day; 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 and by electronic mail. Counsel shall appear in person as directed herein.

SCHEINKMAN, P.J., ROMAN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court