| Sitt v Broadcoart |
| Motion No: 2020-08824 |
| Slip Opinion No: 2023 NY Slip Op 62881(U) |
| Decided on March 3, 2023 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M287667
KS/
FRANCESCA E. CONNOLLY, J.P.
CHERYL E. CHAMBERS
DEBORAH A. DOWLING
HELEN VOUTSINAS, JJ.
|
2020-08824 Hal Sitt, et al., appellants, v Broadcoart, etc., et al., respondents. (Index No. 515613/2018)
| ORDER TO SHOW CAUSE |
Appeal from an order of the Supreme Court, Kings County, dated June 11, 2019. The appellants perfected the appeal on May 17, 2021, the respondents filed their respective briefs on June 16, 2021, and the appellants filed a reply brief on July 6, 2021. In response to a status inquiry from this Court on December 28, 2022, counsel for the appellants and counsel for the respondents Broadcoart and Bank of America, N.A., indicated that there was no impediment to the calendaring of the appeal. Counsel for the respondent Cowen Prime Services LLC, did not respond. The matter was placed on the calendar for February 27, 2023. On February 22, 2023, counsel for the appellants advised this Court that the appellant Helen Rothstein had died and no representative of the estate had been appointed. Counsel for the appellants provided a death certificate to this Court indicating that the appellant Helen Rothstein died on February 23, 2021.
Now, on the Court's own motion, it is
ORDERED that Mangan Ginsberg, LLP, the appellants' counsel, McGuire Woods, LLP, counsel for the respondents Broadcoart and Bank of America, N.A., and Seward & Kissel LLP, counsel for the respondent Cowen Prime Services LLC, 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, via NYSCEF, on or before April 3, 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 counsel by uploading a copy of this order to show cause to the NYSCEF system.
CONNOLLY, J.P., CHAMBERS, DOWLING and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court