Appellate Division: Second Judicial Department

M292219

KS/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2022-02668 Lycan Capital Fund I, LLC, appellant, v Leon Barnes, respondent, et al., defendants. (Index No. 702129/2013)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated April 1, 2022. The appellant perfected the appeal on April 13, 2022. The respondent did not file a brief. Counsel for the appellant and counsel for the respondent did not respond to a status inquiry from this Court on May 22, 2023. The matter was placed on the calendar for October 30, 2023. On October 16, 2023, the appellant submitted an application to withdraw the appeal. Documentation was then submitted to this Court indicating that a judgment was entered in the appellant's favor on January 10, 2023, rendering the appeal academic.

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

ORDERED that Menashe & Lapa, LLP, the appellant's counsel, is 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 it pursuant to 22 NYCRR 1250.2(c) as this Court may deem appropriate, by serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before December 8, 2023; and it is further,

ORDERED that the Acting Clerk of this Court, or his 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.

DILLON, J.P., CHAMBERS, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court