Muller v Quality First Medical Care, PLLC
Motion No: 2022-09382
Slip Opinion No: 2025 NY Slip Op 80804(U)
Decided on November 19, 2025
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M309339

AFA/

LARA J. GENOVESI, J.P.

LILLIAN WAN

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2022-09382

Jacob Muller, etc., et al., respondents,

v Quality First Medical Care, PLLC, et al.,

appellants.

(Index No. 518578/2017)

ORDER TO SHOW CAUSE

Appeals from an order of the Supreme Court, Kings County, dated October 7, 2022. The appellant John Deloria perfected his appeal on August 4, 2023, the appellants Quality First Medical Care, PLLC, and Stephanie Fadel perfected their appeal on August 3, 2023, the respondent filed a brief on August 31, 2023, the appellant John Deloria filed a reply brief on September 27, 2023, and the appellants Quality First Medical Care, PLLC, and Stefanie Fadel filed a reply brief on October 2, 2023. Counsel for the respective appellants and the respondent did not respond to a status inquiry from this Court on September 9, 2025. The matter was placed on the calendar for November 10, 2025. On November 3, 2025, the parties submitted stipulations withdrawing the appeals. Documentation submitted to this Court with the stipulations indicated that the parties had reached a settlement of the above-entitled action in December 2024, and filed a stipulation of discontinuance in the Supreme Court on April 9, 2025.

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

ORDERED that the appellants, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., counsel for appellants Quality First Medical Care, PLLC, and Stefanie Fadel, Ellenberg Gannon Henninger & Fitzmaurice, LLP, counsel for appellant John Deloria, the respondent, and Kramer, Dillof, Livingston & Moore, counsel for the respondent, 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, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before December 19, 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 upon counsel by uploading a copy of this order to show cause to the NYSCEF system.

GENOVESI, J.P., WAN, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court