Supreme Court of the State of New York, Appellate Division : Second Judicial Department

June 7, 2026

2025-04366, 514959/2024

Df/Colleen D. Duffy, J.P.

William G. Ford

Carl J. Landicino

Elena Goldberg Velazquez, JJ.

[*1]

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated March 24, 2025. Motion by the respondents, in effect, for leave to file a replacement respondents' brief or, in the alternative, to withdraw stated portions of their brief. By decision and order on motion of this Court dated June 3, 2026, the branch of the motion which is to withdraw stated portions of the respondents' brief was held in abeyance and referred to the panel of Justices hearing the appeals for determination.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that all parties 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, as this Court may deem appropriate, against counsel for the respondents, Morrison Mahoney LLP, Brian P. Heermance, Esq., and Vera Jiang, Esq., pursuant to 22 NYCRR 130-1.1, for filing a brief containing fabricated legal authority and/or citations, by serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before July 31, 2026; and it is further,

ORDERED that the Clerk of this Court, or his designee, shall serve a copy of this order to show cause upon the parties by uploading a copy of this order to show cause to the NYSCEF system.

DUFFY, J.P., FORD, LANDICINO and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court