Opinion
2011-00821 K C
06-18-2012
Compas Medical, P.C. as assignee of Samuel Okeh, Appellant, v. State Farm Mutual Automobile Ins. Co., Respondent.
, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
ORDER TO SHOW CAUSE
Appellant having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated February 1, 2011, and appellant having perfected the appeal on October 13, 2011, a confidential report was prepared by the court. By letter post-marked June 1, 2012 and dated May 8, 2012, counsel for appellant advised the court that the underlying matter had previously been settled on November 22, 2011. Counsel for appellant provided a copy of the stipulation discontinuing the underlying matter dated November 22, 2011, executed by respective counsel and filed with the Civil Court on January 26, 2012.
Now, on the court's own motion, it is
ORDERED that appellant and 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 appellant and 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 July 12, 2012.
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