Actual Chiropractic, P.C. v. Travelers Ins.

Full title: Actual Chiropractic, P.C., as Assignee of Luis Ocasio, Appellant, v…

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

Date published: Jan 5, 2018

2018 N.Y. Slip Op. 61433 (N.Y. App. Term 2018)

Opinion

Motion No: 2015-02182 KC

01-05-2018

Actual Chiropractic, P.C., as Assignee of Luis Ocasio, Appellant, v. Travelers Insurance, Respondent.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Appellant Actual Chiropractic, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated August 10, 2015, and counsel having appeared for a CAMP conference on October 13, 2015, and appellant having perfected the appeal on December 30, 2015, and both parties having been sent a notice on November 29, 2017, advising each that the appeal was to be heard on submission, and counsel for defendant-respondent having notified the court via letter dated December 18, 2017, that the underlying case had been settled, and counsel having attached to the letter a Stipulation of Settlement dated January 14, 2016, more than 23 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 February 2, 2018.

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