Opinion
Motion No: 2011-03251 KC
04-14-2014
Pain Management Center of NJ as Assignee of Jessica Colwell, Respondent, v. Travelers Insurance Company, Appellant.
ORDER TO SHOW CAUSE
MICHAEL L. PESCE, P.J.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
The defendant-appellant, Travelers Ins. Co., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated November 3, 2011, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on February 7, 2012, and appellant having perfected the appeal on June 14, 2012. And plaintiff
respondent having filed a respondent's brief on September 6, 2012 and a reply brief was rejected on November 15, 2012, whereupon defendant-appellant made an application on March 1, 2013, to enlarge its time to file a reply brief, and that application having been granted by order dated March 15, 2013. By letter dated January 24, 2014, counsel for the appellant having notified the Court (after receiving notification that the case was scheduled for the court's submission calendar for January 29, 2014) that the matter had been settled, and having submitted a Stipulation to Discontinue the action in the Civil Court dated July 8. 2013, more than 6 months earlier.
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 June 3, 2014.
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