Allstate Prop. & Cas. Ins. Co. v. Ciment Family Assoc. Inc.

Full title: Allstate Property and Casualty Insurance Company as Subrogee of Morris…

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

Date published: May 1, 2017

2017 N.Y. Slip Op. 73265 (N.Y. App. Term 2017)

Opinion

Motion No: 2014-01220 KC

05-01-2017

Allstate Property and Casualty Insurance Company as Subrogee of Morris Katsap and Marina Tipis, Respondent, v. Ciment Family Associate Inc., Vaul Trust and Steven Rosenberg, Appellants.

MICHAEL L. PESCE, J.P.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Appellants Ciment Family Associate Inc., Vaul Trust and Steven Rosenberg, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated May 8, 2014, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on July 22, 2014, and appellant having perfected the appeal on August 12, 2014, and a respondent's brief having been filed on September 8, 2014 and a reply brief having been filed on October 10, 2014, on March 1, 2017, the parties were notified by mail that the appeal would be heard on March 15, 2017. By letter dated March 3, 2017, and faxed on March 13, 2017 appellant's counsel submitted a Stipulation Withdrawing the Appeal, dated March 9, 2017, as well as a Stipulation of Discontinuance of the matter in the Civil Court, dated November 20, 2014, more than two years and three 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 May 31, 2017.

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