| Linden v Brixmor Property Group |
| Motion No: 2019-01259 |
| Slip Opinion No: 2020 NY Slip Op 67129(U) |
| Decided on June 12, 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
M271286
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2019-01259
Kelly Linden, et al., plaintiffs-respondents, v Brixmor Property Group, et al., appellants, Con-Kel Landscaping, Inc., defendant-respondent. (Index No. 611029/2015)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Suffolk County, dated December 28, 2018. The appellant perfected the appeal on April 10, 2019, the plaintiffs-respondents filed a brief on April 17, 2019, the defendant-respondent filed a brief on June 6, 2019, the appellants filed a reply brief on June 13, 2019. On April 14, 2020, this Court emailed the parties to determine if any impediment prevented the calendaring of the appeal and no party responded. Subsequently, the matter was placed on the calendar for June 1, 2020. On May 29, 2020, this Court received a letter stating that the case had settled and on June 1, 2020, the parties filed a stipulation withdrawing the appeal. A stipulation of discontinuance had been filed in the underlying action on November 6, 2019.
Now, on the Court's own motion, it is
ORDERED that Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, the appellant's counsel, Gruenberg Kelly Della, the plaintiffs-respondents' counsel, and Law Office of Charles F. Harms, Jr., the defendant-respondent's counsel, 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 electronically filing an affirmation or affidavit on that issue in the office of the Clerk of this Court, on or before July 13, 2020; and it is further,
ORDERED that the Clerk of this Court, or her designee, shall effect service of this order to show cause upon the parties by uploading a copy of this order to show cause to the New York State Courts Electronic Filing System.
BALKIN, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court