Opinion
Motion No: 2014-01274 KC
01-27-2016
Sharp View Diagnostic Imaging, P.C., as Assignee of Joseph Fabiola, Appellant, v. Hereford Insurance Co., Respondent.
MICHAEL L. PESCE THOMAS P. ALIOTTA, JJ. DECISION & ORDER ON MOTION
Appellant Sharp View Diagnostic Imaging, P.C., as Assignee of Joseph Fabiola, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated May 21, 2014, and counsel having attended a Civil Appeals Management Program (CAMP) conference on July 22, 2014, and appellant having perfected the appeal on October 24, 2014, and on or about January 20, 2016, the parties having been sent notification that the appeal would appear on the February 3, 2016 ready-day calendar; and on January 21, 2016, counsel for appellant having notified the court via letter, that the matter had been settled on September 11, 2015, more than four months earlier, and appellant's counsel having submitted a Civil Court Stipulation of Discontinuance, signed by both counsel and dated September 11, 2015, along with an Appellate Term Withdrawal By Stipulation bearing the same date.
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 March 1, 2016.
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