Appellate Division: Second Judicial Department

M285787

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2020-00835 Alan Wolkoff, respondent, v KRES, et al., defendants, 2890 Shell, LLC, appellant. (Index No. 510470/2016)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated December 19, 2019. The appellant perfected the appeal on December 10, 2020, and the respondent filed a brief on January 11, 2021. Counsel for the appellant and the respondent did not respond to a status inquiry from this Court on April 20, 2022. The matter was placed on the calendar for October 28, 2022. On October 21, 2022, the appellant and the respondent submitted a stipulation withdrawing the appeal on the ground that the action had settled. Documentation was then submitted to this Court indicating that the action settled in August 2021.

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

ORDERED that Gannon, Rosenfarb & Drossman, the appellant's counsel, and Avanzino & Moreno, P.C. and Law Office of Marc Gertler, the respondent'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 December 2, 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., MALTESE, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court