Appellate Division: Second Judicial Department

M287130

KS/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

DEBORAH A. DOWLING, JJ.

2020-08570 Anibal Gomez, appellant, v Sarit Yarimi, et al., respondents. (Index No. 502853/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated September 9, 2020. The appellant perfected the appeal on April 29, 2021, the respondents filed their brief on June 2, 2021, and the appellant filed a reply brief on June 14, 2021. Counsel for the appellant and counsel for the respondents did not respond to a status inquiry from this Court on November 1, 2022. The matter was placed on the calendar for January 26, 2023. On January 20, 2023, counsel for the appellant and counsel for the respondents submitted a stipulation withdrawing the appeal. Documentation was submitted to this Court indicating that the action settled on or about March 15, 2022, and a stipulation of discontinuance was filed with the Supreme Court, Kings County on September 15, 2022.

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

ORDERED that Cellino Law, LLP, counsel for the appellant, and James G. Billello & Associates, counsel for the respondents, 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 March 1, 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., CHAMBERS, MALTESE and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court