Appellate Division: Second Judicial Department

M292725

KS/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2021-00615 Vista Engineering Corporation, et al., respondents, v Everest Indemnity Insurance Company, appellant, et al., defendants. (Index No. 6960/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated July 27, 2020. The appellant perfected the appeal on December 10, 2021, the respondent filed a brief on March 11, 2022, and the appellant filed a reply brief on April 14, 2022. Counsel for the appellant and counsel for the respondent did not respond to a status inquiry from this Court on July 7, 2023. The matter was placed on the calendar for November 30, 2023. On November 29, 2023, the appellant and the respondent submitted a stipulation withdrawing the appeal. Counsel for the respondent then informed this Court that a settlement was actively being pursued approximately two and one-half months prior to the calendar date, but this Court was not informed of this at that time.

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

ORDERED that Kennedys CMK LLP, the appellant's counsel, and Baxter & Smith, P.C., 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 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 January 4, 2024; 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 upon the parties via email and by regular mail.

DUFFY, J.P., FORD, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court