Opinion
Motion No: 2013-00937 QC
10-02-2015
Professional Health Imaging, P.C. as Assignee of Rosalin Williams, Respondent, v. QBE Insurance Corporation, Appellant
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
ORDER TO SHOW CAUSE
Appellant QBE Insurance Corporation, having appealed to this court from an order of the Civil Court of the City of New York, Queens County, dated April 5, 2013, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on June 25, 2013, and appellant having perfected the appeal on June 25, 2013, and both parties having been sent a notice on August 25, 2015, advising each that the appeal was to be heard on submission on a date to be determined, and in a letter dated and faxed to the Appellate Term on August 27, 2015, counsel to defendant-appellant having advised the court that the matter had been settled, and attached to the letter was a Stipulation & Discontinuance With Prejudice, settling the underlying action, signed by both counsel and dated October 22, 2013, more than 22 months before the Appellate Term was notified of said disposition,
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 October 30, 2015.
PROFESSIONAL HEALTH IMAGING, P.C. A/A/O WILLIAMS V QBE INS. CORP.
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