New World Mall, LLC v. New World Food Court, Inc.

Full title: New World Mall, LLC, Respondent-Appellant, v. New World Food Court, Inc.…

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

Date published: Apr 8, 2016

2016 N.Y. Slip Op. 70520 (N.Y. App. Term 2016)

Opinion

Motion No: 2014-02571 QC

04-08-2016

New World Mall, LLC, Respondent-Appellant, v. New World Food Court, Inc., Appellant-Respondent, et al., Undertenants..

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Appellant-respondent New World Food Court, Inc., having appealed to this court from a judgment of the Civil Court of the City of New York, Queens County, dated October 6, 2014, and respondent-appellant having cross-appealed from the same judgment, and both counsel having attended a Civil Appeals Management Program (CAMP) conference on May 21, 2015, and appellant-respondent having perfected the appeal on April 7, 2015, and respondent-appellant having filed its briefs on May 7, 2015, and on March 2, 2016, the parties having been notified that the appeal and cross-appeal would be heard at the March 16, 2016 term of the court, and on March 2, 2016, the court having received a fax from appellant-respondent's counsel with a copy of a stipulation withdrawing the appeal dated December 1, 2015 and signed by both counsel, three months before counsel notified the Appellate Term.

Now, on the court's own motion, it is

ORDERED that the appellant-respondent and the respondent-appellant 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-respondent and the respondent-appellant 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 18, 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