Opinion
Index No. 514544/2015 Motion 2018-00053
02-02-2022
Eugenie J. Barnett, respondent, v. Diamond Finance Company, Inc., appellant. Index No. 514544/2015
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P. COLLEEN D. DUFFY CHERYL E. CHAMBERS LINDA CHRISTOPHER, JJ.
ORDER TO SHOW CAUSE
Appeal from an order of the Supreme Court, Kings County, dated October 20, 2017. The defendant having perfected the appeal on May 17, 2019, the respondent having filed his brief on December 30, 2019, and the appellant having filed its reply brief on January 8, 2020, the appeal was argued on this Court's calendar for March 3, 2020, and the appeal was determined by decision and order of this Court dated October 21, 2020. Subsequently, the appellant moved to vacate the decision and order dated October 21, 2020, asserting that an involuntary petition was filed on April 14, 2020, against the appellant pursuant to Chapter 7 of the Bankruptcy Code in the Eastern District of New York, under Case No. 820-71877-A736.
Now, on the Court's own motion, it is
ORDERED that counsel for the appellant, Weinberg, Gross & Pergament, LLP, former counsel for the appellant, Steven M. Feinberg, Esq. LLC, and counsel for the respondent, Levi Huebner & Associates, PC, 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 Steven M. Feinberg, Esq. LLC, pursuant to 22 NYCRR 1250.2(c) as this Court may deem appropriate, by uploading a digital copy of an affirmation or affidavit on that issue through the digital portal on this Court's website, with proof of service of one copy of the same on each other, on or before March 4, 2022.
Section 1250.2(c) of the rules of the Appellate Division directs the parties' attorneys to immediately notify the Court concerning change of circumstances, including a bankruptcy, and make an application for appropriate relief. That subsection also provides that "[a]ny... attorney who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of sanctions" (22 NYCRR 1250.2[c]).
The Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon counsel at the email address provided to this Court.
DILLON, J.P., DUFFY, CHAMBERS and CHRISTOPHER, JJ., concur.