Appellate Division: Second Judicial Department

M302949

KS/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2023-11547 Soundview Gardens & Design, Inc., appellant-respondent, v Century Trucks Inc., et al., respondents-appellants. (Index No. 601160/2021)

ORDER TO SHOW CAUSE

Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated August 16, 2023. The appellant-respondent perfected the appeal on May 17, 2024. The respondents-appellants did not file an answering brief and the cross-appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). The matter was placed on the calendar for January 21, 2025. On January 15, 2025, the appellant-respondent requested that the appeal be withdrawn on the ground that it had been rendered academic. The appellant-respondent submitted to this Court an order of the Supreme Court, Suffolk County, dated November 7, 2024, which struck the respondents-appellants' answers and granted the appellant-respondent leave to enter a default judgment as to liability against them, and the transcript of the inquest which occurred on December 16, 2024.

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

ORDERED that the appellant-respondent and Louis J. Dell, the appellant-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 serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before March 21, 2025; and it is further,

ORDERED that the 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., CHAMBERS, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court