Marine Equities 101, LLC v. Brown

Full title: Marine Equities 101, LLC and 101 Lincoln, LLC, Respondents, v. Shirley…

Court: Appellate Term of the Supreme Court of the State of New York for the 2nd, 11th & 13th Judicial Districts

Date published: Apr 22, 2021

2021 N.Y. Slip Op. 65275 (N.Y. App. Term 2021)

Opinion

Motion No: 2021-00137 KC

04-22-2021

Marine Equities 101, LLC and 101 Lincoln, LLC, Respondents, v. Shirley Brown, Also Known As Shirley Brown Defreits 101 Lincoln Road, Apartment 3d Brooklyn, N.Y. 11225, Milanda Rouff-Draper and Demetrius Draper, Appellant and "John Doe'" and Jane Doe", Undertenants.

THOMAS P. ALIOTTA, P.J.

MICHELLE WESTON

DAVID ELLIOT, JJ.

ORDER TO SHOW CAUSE

Appeal from an order of the Civil Court of the City of New York, Kings County, entered July 8, 2019. Appellant filed a notice of appeal on July 12, 2019. Appellant and respondent were sent a notice by the court in early April 2021 requiring them to attend a Civil Appeals Management Program (CAMP) conference on May 17, 2021. In a letter dated April 19, 2021, counsel for appellant advised the court that "this case was settled several years ago" and he seeks to withdraw the appeal.

Now on the court's own motion, it is

ORDERED that the parties 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, if any, against the parties or the parties' counsel pursuant to 22 NYCRR 730.3 (c) as this Court may deem appropriate by 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 28, 2021.

Section 730.3 (c) of the rules of this Court provides, in relevant part, as follows: (c) "Notice of Change of Circumstances... [t]he parties or their attorneys shall immediately notify the court when there is a settlement of a matter or any issue therein or when a matter or any issue has been rendered moot...[a]ny such notification shall be followed by an application for the appropriate relief... [a]ny or party or attorney who, without good cause shown, fails to comply with the requirements of this subdivision may be subject to the imposition of sanctions" (22 NYCRR 730.3 [c]).

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