Appellate Division: Second Judicial Department

M283232

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LARA J. GENOVESI, JJ.

2020-03649 Cecilio Hernandez, appellant-respondent, v George Prop, LLC, respondent-appellant (and a third-party action). (Index No. 515837/2017)

ORDER TO SHOW CAUSE

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 31, 2019. The appellant-respondent perfected the appeal on June 24, 2020, the respondent-appellant filed a brief on July 27, 2020, the appellant-respondent filed a reply brief on August 28, 2020, and the respondent-appellant filed a reply brief on September 4, 2020. Counsel for the appellant-respondent and the respondent-appellant did not respond to a status inquiry from this Court on January 21, 2022. The matter was placed on the calendar for May 24, 2022. On May 19, 2022, counsel for the respondent-appellant advised this Court that the action had been settled on or about November 2, 2020, and provided a stipulation to withdraw the appeal and cross appeal, dated May 19, 2022.

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

ORDERED that Gorayeb & Associates, P.C., the appellant-respondent's counsel, and Hannum, Feretic, Prendergast & Merlino, LLC, the respondent-appellant'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 June 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.

DILLON, J.P., MALTESE, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court