Karina K. Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co.

Full title: Karina K. Acupuncture, P.C. as Assignee of Joanne Alexis, Appellant, v…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Jun 13, 2014

2014 N.Y. Slip Op. 76041 (N.Y. App. Term 2014)

Opinion

Motion No: 2012-01146 KC

06-13-2014

Karina K. Acupuncture, P.C. as Assignee of Joanne Alexis, Appellant, v. State Farm Mutual Automobile Ins. Co., Respondent.

MICHAEL L. PESCE

, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

The plaintiff-appellant, Karina K. Acupuncture, P.C. as Assignee of Joanne Alexis, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated January 3, 2012, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on June 28, 2012, and appellant having perfected the appeal on October 18, 2012, the appeal was placed on the May 21, 2014 ready-day calendar. Counsel for the plaintiff-appellant appeared on May 21, 2014 and submitted a Stipulation Discontinuing Appeal After Settlement, signed both parties and dated January 4, 2013, more than 16 months earlier

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 730.3 (f) 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 August 1, 2014.

Section 730.3 (f) of the rules of this Court provides, in relevant part, that "[i]f an appeal or the underlying action or proceeding is wholly or partially settled ... the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of costs and/or sanctions as the court may direct" (22 NYCRR 730.3 [f]).

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