Tikvatronics, Inc. v. Francmen 16404, LLC

Full title: Tikvatronics, Inc., Appellant, v. Francmen 16404, LLC, Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Jan 29, 2019

2019 N.Y. Slip Op. 62997 (N.Y. App. Term 2019)

Opinion

Motion No: 2017-00276 QC

01-29-2019

Tikvatronics, Inc., Appellant, v. Francmen 16404, LLC, Respondent.

MICHAEL L. PESCE, P.J.

DAVID ELLIOT

BERNICE D. SIEGAL, JJ.

DECISION & ORDER ON MOTION

Appellant Tikvatronics, Inc., having appealed to this court from an order of the Civil Court of the City of New York, Queens County, dated December 23, 2016, and appellant having perfected the appeal on March 9, 2017, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on March 13, 2017, and respondent having filed a brief on June 15, 2017, and the parties having been notified in writing by the court that the appeal was to be argued on December 12, 2018, and by fax dated December 4, 2018, the court having been advised that the matter had been discontinued by stipulation in Supreme Court on April 19, 2018, more than five 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 February 28, 2019.

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