Appellate Division: Second Judicial Department

M267549

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2018-02940 Wells Fargo Bank, N.A., respondent, v Henoch Lerner, appellant, et al., defendants. (Index No. 35196/13)

ORDER TO SHOW CAUSE

Appeal from a judgment of the Supreme Court, Rockland County, dated February 7, 2018. The appeal was perfected on March 11, 2019, the respondent filed its brief on April 11, 2019, and the appellant filed a reply brief on June 11, 2019. Subsequently, the appeal was calendared for November 13, 2019, the parties submitted a stipulation withdrawing the appeal on October 4, 2019, and the parties advised the Court that the mortgage that was the subject of the judgment had been modified by agreement executed by the appellant on July 30, 2019.

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

ORDERED that the appellant, Henoch Lerner, the appellant's counsel, Menashe & Associates, LLP, the respondent, Wells Fargo Bank, N.A., the respondent's counsel, Woods Oviatt Gilman, LLP, and the respondent's appellate counsel, Reed Smith, 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 in the office of the Clerk of this Court and serving one copy of the same on each other on or before December 10, 2019; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall upload a copy of this order to show cause to the electronic filing system and shall mail a copy of this order to show cause, by regular mail, to Woods Oviatt Gilman, LLP.

MASTRO, J.P., LEVENTHAL, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court