| American Industries Corp. of New York v Pioneer Window Mfg. Corp. |
| Motion No: 2018-14161 |
| Slip Opinion No: 2022 NY Slip Op 65036(U) |
| Decided on April 27, 2022 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M282690
SL/
BETSY BARROS, J.P.
ANGELA G. IANNACCI
ROBERT J. MILLER
PAUL WOOTEN, JJ.
|
2018-14161 American Industries Corp. of New York, respondent, v Pioneer Window Mfg. Corp., defendant third-party plaintiff-appellant; Lendlease (US) Construction LMB, Inc., etc., third-party defendant-respondent. (Index No. 610100/2016)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Nassau County, dated October 29, 2018. The appellant perfected the appeal on May 20, 2019, the respondent American Industries Corp. of New York filed a brief on August 19, 2019, the respondent Lendlease (US) Construction LMB, Inc. filed a brief on August 23, 2019, and the appellant filed a reply brief on September 9, 2019. In response to a status inquiry from this Court on October 8, 2021, counsel for the respondent Lendlease (US) Construction LMB, Inc. indicated that there was no impediment to the calendaring of the appeal. Counsel for the appellant did not respond. The matter was placed on the calendar for April 21, 2022. On April 19, 2022, the appellant's counsel advised this Court that the appeal had been rendered academic prior to the status inquiry from this Court on October 8, 2021, and provided a stipulation to withdraw the appeal, dated April 19, 2022.
Now, on the Court's own motion, it is
ORDERED that Hodgson Russ, LLP, the appellant's counsel, Solomon & Tanenbaum, P.C., counsel for the respondent American Industries Corp. of New York, and Schenck, Price, Smith & King, counsel for the respondent Lendlease (US) Construction LMB, Inc., 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 May 27, 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.
BARROS, J.P., IANNACCI, MILLER and WOOTEN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court