| Vargas v Turner Construction Company |
| Motion No: 2017-07953 |
| Slip Opinion No: 2020 NY Slip Op 70136(U) |
| Decided on August 19, 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
M272563
E/mb
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2017-07953 Paul Vargas, respondent, v Turner Construction Company, et al., appellants. (Index No. 706087/2014)
| ORDER TO SHOW CAUSE |
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated August 17, 2020, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Appeal from an order of the Supreme Court, Queens County, entered June 19, 2017. The appellants perfected the appeal on March 8, 2018, the respondent filed a brief on April 6, 2018, and the appellants filed a reply brief on April 23, 2018. On January 2, 2020, this Court emailed the appellants' counsel to determine if any impediment prevented the calendaring of the appeal and the appellants' counsel did not respond. The matter was placed on the calendar and submitted on February 18, 2020. On August 7, 2020, in response to a request by this Court, the appellants' counsel advised this Court that the underlying action had settled. Subsequently, the parties advised this Court that the matter had been settled at a mediation and was marked off the Supreme Court trial calendar in November 2019, and that a stipulation of discontinuance had been filed in the underlying action on February 12, 2020.
Now, on the Court's own motion, it is
ORDERED that Malapero & Prisco, LLP, the appellants' attorney of record, now known as Malapero Prisco & Klauber, LLP, and Law Offices of Michael S. Lamonsoff, PLLC, the 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 uploading an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before September 16, 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 the parties via email and by regular mail.
DILLON, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court