1270 Nostrand Ave LLC v Francis
2026 NY Slip Op 66481(U)
April 17, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
1270 Nostrand Ave LLC, appellant,
v
Desmond Francis, respondent.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
April 17, 2026
2024-10701, 536330/2022
Df/Mark C. Dillon, J.P.
Colleen D. Duffy
Carl J. Landicino
Elena Goldberg Velazquez, JJ.
[*1]ORDER TO SHOW CAUSE
Appeal from an order of the Supreme Court, Kings County, dated August 8, 2024. The appellant perfected the appeal on May 21, 2025, the respondent filed a brief on June 20, 2025, and the appellant filed a reply brief on July 21, 2025. In response to the status inquiry from this Court on August 27, 2025, counsel for the appellant stated there were no impediments to the calendaring of the appeal. Counsel for the parties did not respond to a status inquiry from this Court on March 5, 2026. The matter was placed on the calendar for April 9, 2026. On April 6, 2026, the appellant notified this Court of its intent to withdraw the appeal. On April 8, 2026, the parties submitted a stipulation withdrawing the appeal on the ground that the order has been superceded by subsequent orders of the Supreme Court, Kings County, including, inter alia, an order and judgment (one paper) dated January 5, 2026.
Now, on the Court's own motion, it is
ORDERED that Reed Smith, LLP, counsel for appellant, and Ury Abraham Leid and Associates, counsel for the respondent, 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 serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before May 18, 2026; and it is further,
ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel by uploading a copy of this order to show cause to the NYSCEF system.
DILLON, J.P., DUFFY, LANDICINO and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court