Appellate Division: Second Judicial Department

M286330

AFA/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

WILLIAM G. FORD

BARRY E. WARHIT, JJ.

2020-00780 Kamil Pabjanczyk, plaintiff, v 119 West, LLC, appellant, ACP Electrical Contracting, Inc., respondent (and a third-party action). (Index No. 506012/2017)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated December 5, 2019. The appellant perfected the appeal on October 13, 2020, the respondent filed a brief on November 6, 2020, and the appellant filed a reply brief on November 16, 2020. Counsel for the appellant and counsel for the respondent did not respond to a status inquiry from this Court on May 26, 2022. The matter was placed on the calendar for December 5, 2022. On December 2, 2022, the appellant and the respondent submitted a stipulation withdrawing the appeal on the ground that the action had settled. The documentation submitted to this Court indicated that the action settled on or about February 18, 2022.

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

ORDERED that O'Toole Scrivo, LLC, the appellant's counsel, and Milber, Makris, Plousadis & Seiden, LLP, 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 January 9, 2023; 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, FORD and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court