Appellate Division: Second Judicial Department

M289430

KS/

COLLEEN D. DUFFY, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2021-05276 Darrin Schirtzer, appellant, v Three Village Soccer Club, Inc., defendant, Dynamic Sports Marketing, Inc., respondent. (Index No. 619048/2017)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Suffolk County, dated July 2, 2021. The appellant perfected the appeal on November 10, 2021, and the respondent filed a brief on December 7, 2021. Counsel for the appellant and counsel for the respondent did not respond to a status inquiry from this Court on March 16, 2023. The matter was placed on the calendar for May 11, 2023. Counsel for the respondent appeared on the calendar date and participated in oral argument. On May 31, 2023, the parties submitted a stipulation withdrawing the appeal. Documentation was submitted to this Court indicating that this action or a companion action entitled Three Village Soccer Club, Inc. v National Casualty Insurance Company, pending under docket no. 2:21-cv-07077-JS-ARL before the United States District Court for the Eastern District of New York, settled on or about March 21, 2023.

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

ORDERED that Gruenberg Kelly Della, the appellant's counsel, and Law Office of Kevin P. Westerman, 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 each serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before July 10, 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.

DUFFY, J.P., CHAMBERS, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court