Appellate Division: Second Judicial Department

M267247

E/mb

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2017-02214, 2017-02216 Deutsche Bank National Trust Company, respondent, v Georgia McCarthy, appellant, et al., defendants. (Index No. 502478/13)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause dated October 30, 2019, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeals from two orders of the Supreme Court, Kings County, both dated May 6, 2016. After the appellant perfected the appeals on November 14, 2017, the respondent filed a brief on April 13, 2018, the appellant filed a reply brief on May 7, 2018, the respondent's counsel of record did not respond to a status inquiry from this Court on September 13, 2019, and the appellant's counsel responded to the status inquiry from this Court by stating that there were no impediments to calendaring the appeals, the matter was placed on the calendar for October 24, 2019. On October 17, 2019, the respondent's counsel of record advised this Court that the orders appealed from had been vacated by an order of the Supreme Court, Kings County, dated May 7, 2018. On October 21, 2019, this Court received a stipulation withdrawing appeals.

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

ORDERED that the appellant, Georgia McCarthy, the appellant's counsel, Joseph E. Ruyack III, the appellant's trial counsel, Subhana A. Rahim, the respondent, Deutsche Bank National Trust Company, the respondent's current counsel of record, McGlinchey Stafford, PLLC, and the respondent's counsel of record from February 2018 until a September 24, 2019, consent to change attorney was filed on October 4, 2019, Parker, Ibrahim & Berg, LLC, 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 by serving one copy of the affirmation or affidavit on each other, on or before November 22, 2019; 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 Joseph E. Ruyack III, Subhana A. Rahim, McGlinchey Stafford, PLLC, and Parker, Ibrahim & Berg, LLC, by regular mail.

AUSTIN, J.P., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court