Appellate Division: Second Judicial Department

M280602

MB/

JOSEPH J. MALTESE, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

WILLIAM G. FORD, JJ.

2019-11130 NYCTL 1996-1 Trust, respondent, v LDM Properties, Inc., appellant, et al., defendants. (Index No. 510786/2014)

ORDER TO SHOW CAUSE

Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated August 14, 2019. The appellant perfected the appeal on March 9, 2020, the respondent filed a brief on April 4, 2020, and the appellant filed a reply brief on July 1, 2020. The matter was placed on the calendar for December 10, 2021. On December 10, 2021, the appellant's counsel advised this Court that the underlying action had settled on November 22, 2021, and provided a stipulation to withdraw the appeal dated December 10, 2021.

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

ORDERED that Law Office of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, the appellant's counsel, and Law Office of Bronster, LLP, 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 January 18, 2022; 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.

MALTESE, J.P., DUFFY, IANNACCI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court