Finchum v Continental Van Lines, Inc.
Motion No: 2019-08385
Slip Opinion No: 2022 NY Slip Op 72944(U)
Decided on October 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M285409

AFA/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

CHERYL E. CHAMBERS

LILLIAN WAN, JJ.

2019-08385, 2019-13456

Mary Ann Salamone Finchum, appellant,

v Continental Van Lines, Inc., etc., et al.,

respondents, et al. defendant.

(Index No. 510702/2018)

ORDER TO SHOW CAUSE

Appeals from two orders of the Supreme Court, Kings County, dated May 24, 2019, and October 16, 2019. The appellant perfected the appeals on September 9, 2020, the respondent Continental Van Lines, Inc. filed a brief on October 6, 2020, the respondent Robert L. Gekle filed a brief on October 8, 2020, the respondent Good Samaritan Hospital Medical Center filed a brief on October 8, 2020, the respondents Virtual Radiologic Corporation and Mednax, Inc., filed a brief on November 13, 2020, and the appellant filed a reply brief on December 14, 2020. The appeals were withdrawn as to the respondent Continental Van Lines, Inc. on June 16, 2022, and the appeals as to the remaining respondents were placed on the calendar for October 7, 2022. On October 5, 2022, counsel for the appellant advised this Court that the settlement of the action insofar as asserted against the respondent Continental Van Lines, Inc. earlier in 2022, warranted the withdrawal of the appeals as to the remaining respondents. Counsel provided a stipulation to withdraw the appeals as to the remaining respondents, dated October 4, 2022.

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

ORDERED that David M. Mejia, Esq., counsel for the appellant, is 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 him 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 November 14, 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., BRATHWAITE NELSON, CHAMBERS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court