Oakdale Manor Owners, Inc. v. Tchistiakova

Full title: Oakdale Manor Owners, Inc., Appellant, v. Victoria Tchistiakova…

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Dec 20, 2016

2016 N.Y. Slip Op. 95350 (N.Y. App. Term 2016)

Opinion

Motion No: 2015-00411 ROC

12-20-2016

Oakdale Manor Owners, Inc., Appellant, v. Victoria Tchistiakova, Respondent.

BRUCE E. TOLBERT, J.P.

ANGELA G. IANNACCI

JAMES V. BRANDS, JJ.

ORDER TO SHOW CAUSE

Appellant Oakdale Manor Owners, Inc., having appealed to this court from a judgment of the Justice Court, Town of Ramapo, Rockland County, entered October 27, 2014, and appellant having perfected the appeal on June 3, 2015, and respondent having filed its brief on July 7, 2015, and appellant having filed a reply brief on July 9, 2015, and notices having been sent to the parties by mail on November 16, 2016, advising of oral argument scheduled for December 1, 2016, and in a letter dated December 2, 2016, received by the Appellate Term on December 7, 2016, the parties having submitted a Stipulation to Discontinue Appeal, dated November 21, 2016, ten days before the ready-day calendar.

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 January 6, 2017.

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