Appellate Division: Second Judicial Department

M269496

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2017-09851 David Rishty, respondent, v Sushi Tokyo CI, Inc., appellant, et al., defendant. (Index No. 10705/14)

ORDER TO SHOW CAUSE

The appellant perfected an appeal from an order of the Supreme Court, Kings County, dated August 1, 2017, on February 14, 2018. After the appellant's counsel failed to respond to three status inquiries from this Court, on July 15, 2019, July 25, 2019, and August 8, 2019, respectively, the matter was calendared for oral argument or submission on January 9, 2020. On December 27, 2019, the appellant's counsel advised this Court that the underlying action had been settled and on December 31, 2019, the appellant filed a letter withdrawing the appeal. Subsequently the appellant provided the Court with a stipulation of discontinuance of the underlying action dated March 23, 2018.

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

ORDERED that the appellant and its counsel, Garbarini & Scher, P.C., and the respondent and his counsel, Frekhtman & Associates, 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 February 28, 2020; 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 to the appeal, by regular mail.

BALKIN, J.P., COHEN, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court