554-560 Main St. Assocs., LLC v. Greenwich Ins. Co.

Full title: 554-560 Main Street Associates, LLC, respondent, v. Greenwich Insurance…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Apr 9, 2013

2013 N.Y. Slip Op. 69851 (N.Y. App. Div. 2013)

Opinion

2011-11586 Index No. 09-25448 M152802

04-09-2013

554-560 Main Street Associates, LLC, respondent, v. Greenwich Insurance Company, appellant.

PETER B. SKELOS

, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

ORDER TO SHOW CAUSE

The defendant having appealed to this Court from an order of the Supreme Court, Westchester County, dated November 7, 2011, and having perfected the appeal on June 11, 2012, the respondent having filed a brief on June 27, 2012, the matter was placed on this Court's calendar for March 4, 2013. By letter dated February 26, 2013, counsel for the appellant sought permission to withdraw the appeal on the ground that the case had been settled. Thereafter, on February 26, 2013, counsel for the appellant submitted a copy of a stipulation dated October 15, 2012, discontinuing the above-entitled action.

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