Appellate Division: Second Judicial Department

M286616

E/afa

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-03208 Alleon Capital Partners, LLC, et al., respondents, v Sheryar Choudhry, et al., appellants, et al., defendants. (Index No. 610648/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, entered March 2, 2020. A mediation session in the above-entitled matter pursuant to 22 NYCRR 670.3(d) before a Special Master was first scheduled for July 21, 2022, with the parties' meditation statements to be provided five business days prior to that date. On July 15, 2022, Noel Munier, counsel for the appellants, requested an adjournment and the matter was adjourned until August 23, 2022, with the mediation statement to be provided to the Special Master by Friday, August 5, 2022. On that date, at 4:55 p.m., Mr. Munier requested a one-day adjournment of time to submit the mediation statement. On Monday, August 8, 2022, the Special Master emailed Mr. Munier at 5:23 p.m. to advise him that he had not complied with the deadlines and that the mediation would be assigned to another Special Master. Mr. Munier submitted the mediation statement untimely on Monday, August 8, 2022, at 7:56 p.m. The mediation was subsequently reassigned to another Special Master and rescheduled for October 7, 2022, at 10:00 a.m. The date was confirmed by counsel and reminder emails were sent to counsel on October 3, 2022, and on the morning of the mediation. Mr. Munier did not appear, and at 11:00 a.m., Mr. Munier asked the Special Master to hold the mediation later that day.

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

ORDERED that the parties are directed to show cause why an order should or should not be made and entered imposing such sanctions as the Court may deem appropriate pursuant to 22 NYCRR 670.3(d)(2)(v) upon Noel Munier, counsel for the appellants, by electronically filing, via NYSCEF, an affirmation or affidavit on that issue, with proof of service thereof, on or before January 20, 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 by uploading a copy of this order to show cause to the NYSCEF system.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court