Appellate Division: Second Judicial Department

M286304

E/afa

COLLEEN D. DUFFY, J.P.

REINALDO E. RIVERA

LINDA CHRISTOPHER

HELEN VOUTSINAS, JJ.

2020-03519 Richard M. Greene, appellant, v Udel K. Peets, et al., respondents. (Index No. 702074/2017)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated March 3, 2020. The appeal was perfected, the attorneys for the parties, on July 29, 2022, and August 1, 2022, advised the Court that there were no impediments to calendaring the appeal, and, subsequently, the appeal was calendared for December 1, 2022. By letter dated December 1, 2022, and received via email on that date, counsel for the appellant advised the Court that the Supreme Court, Queens County, had issued an order dated February 9, 2021, which determined the appellant's motion for leave to reargue certain branches of the cross motions that had been the subject of the order dated March 3, 2020.

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

ORDERED that the parties and/or their counsel are directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal from so much of the order dated March 3, 2020, in the above-entitled action as granted that branch of the motion of the defendants Gafari Adelabou and Olohun Wa Corp. which was for summary judgment dismissing the complaint insofar as asserted against them concerning non-cervical spine injuries on the issue of threshold injury pursuant to Insurance Law § 5102(d) as that portion of the order has been rendered academic, and (2) imposing such sanctions and/or costs, if any, against counsel pursuant to 22 NYCRR 1250.2(c) as this Court may deem appropriate, by each uploading a digital copy of an affirmation or an affidavit on those issues, via NYSCEF, on or before December 28, 2022.

Section 1250.2(c) of the rules of this Court provides, in pertinent part, that "[t]he parties or their attorneys shall immediately notify the court . . . . when a matter or any issue therein has been rendered moot . . . . Any such notification shall be followed by an application for appropriate relief. Any party or attorney who, without good cause shown, fails to comply with the requirements of this subdivision may be subject to the imposition of sanctions" (22 NYCRR 1250.2[c]).

The Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause by uploading a copy of this order to show cause to the NYSCEF system.

DUFFY, J.P., RIVERA, CHRISTOPHER and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court