| Jules Francois Parisien, M.D., As Assignee of Martinez, Basilio v Ameriprise Ins. |
| Motion No: 2019-00589 KC |
| Slip Opinion No: 2021 NY Slip Op 73807(U) |
| Decided on October 21, 2021 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
WAVNY TOUSSAINT
DONNA-MARIE E. GOLIA, JJ.
ON MOTION
| Jules Francois Parisien, M.D., as Assignee of Martinez, Basilio, Respondent, v Ameriprise Insurance, Appellant. |
Appellant Ameriprise Insurance, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, entered February 26, 2019, and appellant having perfected the appeal on September 17, 2019, and on August 19, 2021, both parties having received email notices advising each that the appeal was to be heard on September 9, 2021, and counsel for respondent having submitted a Stipulation of Withdrawal of Appeal on August 20, 2021, accompanied by a Stipulation of Settlement and Discontinuance dated February 4, 2020, more than a year and one-half earlier,
Now, on the court's own motion, it is
ORDERED that the appellant and the respondent or their 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 the appellant and the respondent or their respective counsel pursuant to 22 NYCRR 730.3 (f) as this Court may deem appropriate by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on all parties to the action on or before November 12, 2021.
Section 730.3 (f) of the rules of this Court in effect at the time the notice of appeal was filed, provided, in relevant part, that "[i]f an appeal or the underlying action or proceeding is wholly or partially settled ... the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of costs and/or sanctions as the court may direct" (22 NYCRR 730.3 [f]).
The Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.
ENTER:
Paul Kenny
Chief Clerk