Appellate Division: Second Judicial Department

M270255

E/sl

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2017-03078, 2018-01295 Bank of America, N.A., respondent, v Efraim Zvi Smilowitz, appellant, et al., defendants. (Index No. 22984/09)

ORDER TO SHOW CAUSE

Appeals from an order of the Supreme Court, Kings County, dated December 15, 2016, and a judgment of the same court dated January 31, 2018. The appellant perfected the appeals on January 31, 2018, the respondent filed a brief on March 5, 2018, and the appellant filed a reply brief on March 20, 2018. On November 7, 2019, this Court emailed counsel for the parties to the appeals inquiring whether there was any impediment to the calendaring of the appeals, counsel did not respond, and the matter was placed on the calendar for March 6, 2020. On March 4, 2020, the appellant's counsel informed this Court that the action had been settled more than one year ago. On March 5, 2020, the appellant filed a stipulation to withdraw the appeal.

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

ORDERED that Ras Boriskin, LLC, counsel for the respondent, and Levkovich and Associates, P.C., counsel for the appellant, are directed to show cause before this Court why an order 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 April 2, 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 Ras Boriskin, LLC, and Levkovich and Associates, P.C., by regular mail.

MASTRO, J.P., ROMAN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court