| Marasca Club & Rest., LLC, doing business as Maracas v Ghotra & Sons, LLC |
| Motion No: 2023-00857 QC |
| Slip Opinion No: 2025 NY Slip Op 65919(U) |
| Decided on March 28, 2025 |
| 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 2nd, 11th & 13th Judicial Districts
CHEREÉ A. BUGGS, J.P.
WAVNY TOUSSAINT
JOANNE D. QUIÑONES, JJ.
DECISION & ORDER ON MOTION
| Marasca Club and Restaurant, LLC, doing business as Maracas, Appellant, v Ghotra and Sons, LLC, Respondent. |
Appellant having appealed from an order of the Civil Court of the City of New York, Queens County, entered June 9, 2023; and the trial court having granted petitioner-appellant's motion to reargue and reconsider the order being appealed from on April 2, 2024; and appellant having filed its brief nearly six weeks later on May 13, 2024; and respondent having filed its brief on July 26, 2024; and the appeal having been dismissed on the court's own motion in a Decision & Order on Motion dated March 12, 2025;
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 April 30, 2025.
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]). Neither party or their counsel notified the court of the Civil Court's April 2, 2024 order, which, in effect, rendered the appeal moot.
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