Appellate Division: Second Judicial Department

M293073

KS/

HECTOR D. LASALLE, P.J.

FRANCESCA E. CONNOLLY

LARA J. GENOVESI

HELEN VOUTSINAS, JJ.

2020-09661 Bank of New York Mellon, etc., respondent, v Kellyann Haley, appellant, et al., defendants; Jason Haley, nonparty-appellant. (Index No. 64316/2013)

ORDER TO SHOW CAUSE

Appeals from two orders of the Supreme Court, Suffolk County, both dated November 4, 2020. The appellants perfected the appeals on September 14, 2021, and the respondent filed a brief on December 15, 2021. In response to a status inquiry from this Court on January 10, 2023, counsel for the respondent requested that the appeals not be calendared until after the Court of Appeals rendered a determination in Bank of Am., N.A. v Kessler (39 NY3d 317), as the decision would be determinative of these appeals and was anticipated to be released shortly thereafter. On March 2, 2023, and March 7, 2023, approximately two weeks after the Court of Appeals' determination in Bank of Am., N.A. v Kessler (39 NY3d 317), the parties communicated with this Court regarding the determination and this Court provided the parties with instructions for withdrawing the appeals on two occasions. This Court was informed on March 7, 2023, that the appellants intended to withdraw the appeals. However, this Court was informed on March 20, 2023, that the appellants declined to stipulate to withdraw the appeals. The appeals were placed on the calendar for May 8, 2023. On December 11, 2023, the appellants submitted a stipulation to withdraw the appeals based upon the Court of Appeals' determination in Bank of Am., N.A. v Kessler (39 NY3d 317).

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

ORDERED that Law Offices of Charles Wallshein, PLLC, the appellants' 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 130-1.1(c) and/or 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 January 16, 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 by uploading a copy of this order to show cause to the NYSCEF system.

LASALLE, P.J., CONNOLLY, GENOVESI and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court