Smith v Abby-Lovelace
2026 NY Slip Op 67817(U)
May 6, 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.
Alexander Smith, et al., respondents,
v
Pauline Abby-Lovelace, et al., appellants.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 6, 2026
2022-06312, 510085/2016
Id/Colleen D. Duffy, J.P.
Lara J. Genovesi
Deborah A. Dowling
James McCormack, JJ.
[*1]ORDER TO SHOW CAUSE
Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated July 11, 2022. The appellant perfected the appeal on October 13, 2023, the respondent filed a brief on May 15, 2024, and the appellant filed a reply brief on June 6, 2024. Counsel for the parties did not respond to a status inquiry from this Court on February 23, 2026. The matter was placed on the calendar for April 30, 2026. On April 28, 2026, the appellant notified this Court that the appeal had been rendered academic. On April 29, 2026, the parties submitted a stipulation withdrawing the appeal on the ground that the appeal had been rendered academic due to the sale of the subject property on April 2, 2026.
Now, on the Court's own motion, it is
ORDERED that Heslop & Dominique LLP, counsel for appellants, and Ikechukwu Dibia, Esq., counsel for the respondents, 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 June 5, 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.
DUFFY, J.P., GENOVESI, DOWLING, McCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court