Opinion
Motion No: 2014-00113 SC
02-10-2014
Plycon Transportation Group, LLC et al., Respondents, v. Stephen Kirschenbaum, Appellant.
, P.J.
ANGELA G. IANNACCI
ANTHONY MARANO, JJ.
ORDER TO SHOW CAUSE
Appeal from an order of the Suffolk County Court, entered August 22, 2012. The order denied appellant's motion to dismiss the complaint. Under a separate appeal number (appeal No. 2014-114 S C), appellant has appealed from two other orders of the County Court providing for sanctions against appellant for failure to comply with a discovery order. By so-ordered stipulation dated August 26, 2013, the action was settled. The stipulation provides for the withdrawal of appellant's and respondents' respective claims, and, among other things, that it does not affect the appeals taken by appellant, but it does not provide for the reinstatement of the parties' claims or the recoupment of funds paid as part of the settlement if the order appealed from should be reversed.
Now, on the court's own motion, it is
ORDERED that the parties are directed to show cause before this court why the above-entitled appeal from the order denying appellant's motion to dismiss should not be dismissed on the ground that the stipulation of settlement rendered the appeal academic as there is no longer an action pending (see Livny v Rotella, 305 AD2d 377 [2003]; Horizon Radiology, P.C. v Allstate Prop. & Cas. Ins. Co., 41 Misc 3d 138[A], 2013 NY Slip Op 51916[U] [App Term, 2d, 11th & 13th Jud Dists 2013]) by filing an affidavit or affirmation on that issue with the Clerk of this court on or before February 28, 2014; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties' attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk