Opinion
2012-01951 Index No. 10-6993 M152800
04-09-2013
Monica Martinez, respondent, v. AVR-104 Associates, LLC, appellant, et al., defendant.
, J.P.
DANIEL D. ANGIOLILLO
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
ORDER TO SHOW CAUSE
The defendant AVR-104 Associates, LLC, having appealed to this Court from an order of the Supreme Court, Westchester County, dated January 9, 2012, and having perfected the appeal on June 12, 2012, the respondent having filed a brief on July 16, 2012, and the appellant having filed a reply brief on July 30, 2012, the matter was placed on this Court's calendar for March 4, 2013. By letter dated February 25, 2013, counsel for the appellant sought permission to withdraw the appeal. The letter indicated that the case had been settled on or about August 21, 2012, and that a stipulation of discontinuance was executed on or about November 28, 2012.
Now, on the Court's own motion, it is
ORDERED that the appellant and the respondent 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 and/or costs, if any, against the appellant and the respondent or their respective counsel pursuant to 22 NYCRR 670.2(g) as this Court may deem appropriate by each 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 May 3, 2013.
Section 670.2(g) of the rules of this Court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
The Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.
SKELOS, J.P., ANGIOLILLO, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court