Appellate Division: Second Judicial Department

M267716

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

BETSY BARROS, JJ.

2017-05802 Bank of New York Mellon, respondent, v Felix M. Carcano, et al., appellants, et al., defendants. (Index No. 57646/13)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated May 8, 2017. After the appellants perfected the appeal on November 26, 2017, the respondent filed a brief on January 26, 2018, the appellants filed a reply brief on February 20, 2018, the matter was placed on the calendar for November 22, 2019. On November 20, 2019, the appellants' counsel advised this Court that the action had been dismissed by an order of the Supreme Court, Westchester County, dated February 1, 2018. On November 21, 2019, this Court received a stipulation withdrawing appeal from the order dated May 8, 2017.

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

ORDERED that the respondent, the respondent's counsel of record, Barclay Damon, LLP, the appellants and the appellants' counsel, Clair & Gjertsen, 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 December 18, 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 Barclay Damon, LLP, and Clair & Gjertsen by regular mail.

MASTRO, J.P., BALKIN, LEVENTHAL and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court