Opinion
Motion No: 2010-02775 qc
04-19-2013
Bank of America, N.A., Respondent, v. Cornella Ardelean, Appellant.
, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
The defendant-appellant Cornelia Ardelean, having appealed to this court from an order of the Civil Court of the City of New York, Queens County, dated September 24, 2010, and appellant having perfected the appeal on March 3, 2011, and the matter having come on the calendar for oral argument on April 10, 2013, and on April 17, 2012, counsel for the appellant having submitted a Stipulation Vacating Judgment and Discontinuing the Action to the Appellate Term dated April 7, 2011.
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 24, 2013.
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.
ALIOTTA, J.P., PESCE and RIOS, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk