Opinion
Motion No: 2012-02796 KC
05-06-2015
A & S Medical Supply, Inc. as Assignee of Luis Cabrera, Respondent, v. GEICO General Ins. Co., Appellant.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appellant GEICO General Insurance Co., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, entered May 23, 2012, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on April 11, 2012, and appellant having perfected the appeal on May 2, 2013, and the parties having been notified on March 18, 2015 that the appeal was being placed on a submission calendar. And on April 7, 2015 counsel having submitted a Stipulation to Discontinuance Appeal, signed by both counsel and dated March 24, 2015, and the records of the Civil Court of the City of New York, Kings County, having established that the matter was "discontinued without prejudice" on April 19, 2013, nearly two years 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 June 10, 2015.
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