| Fountoukis v Marathon Healthcare Corp. |
| Motion No: 2018-00294 |
| Slip Opinion No: 2020 NY Slip Op 64752(U) |
| Decided on March 11, 2020 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M270253
E/sl
JOHN M. LEVENTHAL, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2018-00294
Christopher Fountoukis, appellant, v Marathon Healthcare Corp., et al., defendants, Leonard C. Aloi, respondent. (Index No. 601727/15)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Suffolk County, dated October 16, 2017. The appellant perfected the appeal on May 17, 2018, the appellant filed a supplemental appendix on July 19, 2028, the respondent filed a brief on July 23, 2019, and the appellant filed a reply brief on August 24, 2018. On January 9, 2020, this Court emailed counsel for the parties to the appeal inquiring whether there was any impediment to the calendaring of the appeal, counsel did not respond, and the matter was placed on the calendar for February 14, 2020. On February 4, 2020, the appellant's counsel advised this Court that the action had been settled on December 5, 2018, and provided a transcript of the proceedings of the Supreme Court, Suffolk County, which occurred on that date. On February 4, 2020, this Court received a stipulation to withdraw the appeal.
Now, on the Court's own motion, it is
ORDERED that the appellant and his counsel, Farrell Fritz, P.C., and the respondent and his counsel, and Furman, Kornfeld & Brennan LLP, 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 1, 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 Farrell Fritz, P.C., and Furman, Kornfeld & Brennan LLP, by regular mail.
LEVENTHAL, J.P., ROMAN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court