Atl. Ave. Grp. LLC v. Nabeel

Full title: Atlantic Avenue Group LLC, Respondent, v. Ahmed E. Nabeel and Ali Alesayi…

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

Date published: Nov 22, 2016

2016 N.Y. Slip Op. 93288 (N.Y. App. Term 2016)

Opinion

Motion No: 2015-01079 KC

11-22-2016

Atlantic Avenue Group LLC, Respondent, v. Ahmed E. Nabeel and Ali Alesayi, Appellants, et al., Undertenants.

MICHAEL L. PESCE, P.J.

MARTIN M. SOLOMON

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Appellants Ahmed E. Nabeel and Ali Alesayi, et al, having appealed to this court from a judgment of the Civil Court of the City of New York, Kings County, dated April 14, 2015, and appellant having perfected the appeal on December 2, 2015 and respondent having filed its brief on December 11, 2015, and appellant having filed a reply brief on December 21, 2015, and notices advising the parties that oral argument was scheduled for November 23, 2016 having been emailed to the parties on November 9, 2016, and respondents' counsel having advised the court by telephone on November 16, 2016, that counsel had entered into a Stipulation Withdrawing the Appeal, signed by both parties and dated February 29, 2016, more than 8 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 December 14, 2016.

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