Opinion
2011-01367 K C
06-03-2013
Pan Chiropractic as Assignee of Maria Gonzalez, Appellant, v. State Farm Insurance, Co., Respondent.
, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, 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 April 18, 2011, and appellant having perfected the appeal on November 16, 2011, a confidential report was prepared by the court. The appeal was placed upon the court's submission calendar of May 22, 2013. By letter dated May 21, 2013, counsel for appellant advised the court that the underlying matter had previously been settled on December 14, 2011. Counsel for appellant provided a copy of the stipulation settling the underlying matter dated December 14, 2011, executed by respective counsel. Counsel to appellant then filed a stipulation withdrawing the appeal dated May 15, 2013 and filed with this court on May 21, 2013.
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 2, 2013.
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