Appellate Division: Second Judicial Department

M311036

ID/

FRANCESCA E. CONNOLLY, J.P.

BARRY E. WARHIT

HELEN VOUTSINAS

DONNA-MARIE E. GOLIA, JJ.

2023-11467 Nixzalia Santiago, etc., respondent, v City of New York, defendant, York Kissena Realty, Inc., appellant (and a third-party action). (Index No. 700007/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Queens County, dated October 24, 2023. The appellant perfected the appeal on July 26, 2024, the respondent filed a brief on December 27, 2024, and the appellant filed a reply brief on January 15, 2025. On December 17, 2025, counsel for the respondent, and counsel for the appellant, responded to a status inquiry from this Court stating that there were no impediments to the calendaring of the appeal. The matter was placed on the calendar for January 27, 2026. On January 26, 2026, the appellant submitted a stipulation withdrawing the appeal.

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

ORDERED that Law Office of Nicole E. Lesperance, formerly known as Law Office of Eric D. Feldman, counsel for the appellant, and Krentsel Guzman Herbert, LLP, and Horn Appellate Group, 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, which shall include a copy of the parties' settlement agreement, on or before March 4, 2026; 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, and upon counsel for the parties via email to the email address provided to this Court.

CONNOLLY, J.P., WARHIT, VOUTSINAS and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court