| People of State of New York v David A. Deyak |
| Motion No: 2023-00312 SC |
| Slip Opinion No: 2023 NY Slip Op 75811(U) |
| Decided on October 23, 2023 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
ELIZABETH H. EMERSON, J.P.
JERRY GARGUILO
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v David A. Deyak, Appellant. |
Appeal from an order of the District Court of Suffolk County, Traffic and Parking Violations Agency, entered October 17, 2022. Appellant filed a notice of appeal on February 15, 2023. This court was advised by email from the clerk of the Suffolk County Traffic and Parking Violations Agency on or about August 22, 2023, that the conviction was vacated in an order dated June 22, 2023, two months earlier.
Now on the court's own motion, it is
ORDERED that the parties or their counsel are directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions, if any, against the parties or the parties' counsel pursuant to 22 NYCRR 730.3 (c) as this Court may deem appropriate by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on all parties to the action on or before November 24, 2023.
Section 730.3 (c) of the rules of this Court provides, in relevant part, as follows: (c) "Notice of Change of Circumstances... [t]he parties or their attorneys shall immediately notify the court when there is a settlement of a matter or any issue therein or when a matter or any issue has been rendered moot...[a]ny such notification shall be followed by an application for the appropriate relief... [a]ny or party or attorney who, without good cause shown, fails to comply with the requirements of this subdivision may be subject to the imposition of sanctions" (22 NYCRR 730.3 [c]). To date, appellant has not moved to withdraw the appeal.
The Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.
ENTER:
Paul Kenny
Chief Clerk