Appellate Division: Second Judicial Department

M270201

E/sl

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2016-07790 Diana Lajara, et al., appellants, v Jerzy Macura, etc., et al., respondents, et al., defendant. (Index No. 27522/07)

ORDER TO SHOW CAUSE

Appeal from a judgment of the Supreme Court, Kings County, dated July 1, 2016. On February 26, 2020, a Special Master appointed by this Court conducted a mediation session in the above-entitled matter pursuant to 22 NYCRR 670.3(d). According to the Special Master's report, received March 4, 2020, no one appeared for the appellants at the mediation session, the appellants' trial counsel, when reached by telephone, stated she was unprepared to discuss settlement, and the respondents took a "no pay" position with respect to settlement.

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

ORDERED that the parties to the appeal and their counsel are directed to show cause why an order should or should not be made and entered imposing such sanctions as the Court may deem appropriate pursuant to 22 NYCRR 670.3(d)(2)(v) upon Asher & Associates, P.C., trial counsel for the appellants, and Law Offices of Annette G. Hasapidis, appellate counsel for the appellants, for failure to appear for a regularly scheduled mediation session, and upon McAloon & Friedman, P.C., counsel for the respondent Jerzy Macura, and Vaslas, Lepowsky, Hauss & Danke, LLP, counsel for the respondent Maimonides Medical Center, on the ground that they were not prepared to engage in meaningful settlement discussions, 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 same on the other counsel referenced above on or before April 1, 2020, and by appearing before this Court at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York, on April 15, 2020, at 2:30 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 the above-referenced counsel by regular mail.

SCHEINKMAN, P.J., RIVERA, DILLON, BALKIN, and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court