Winn v. NYHQ

Full title: Sheryl Winn, Respondent, v. NYHQ, NYHQ Prosthetics & Implant Department…

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

Date published: Nov 9, 2015

2015 N.Y. Slip Op. 90555 (N.Y. App. Term 2015)

Opinion

Motion No: 2014-01487 QC

11-09-2015

Sheryl Winn, Respondent, v. NYHQ, NYHQ Prosthetics & Implant Department, Dr. Frank Tuminelli, Dr. Marisa Patt, Dr. Burton Wasserman and Dr Jocelyn Tan, Appellants

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

ORDER TO SHOW CAUSE

Appellants NYHQ, NYHQ Prosthetics & Implant Department, Dr. Frank Tuminelli, Dr. Marisa Patt, Dr. Burton Wasserman and Dr Jocelyn Tan, having appealed to this court from an order of the Civil Court of the City of New York, Queens County, dated April 11, 2014, and appellant having perfected the appeal on September 16, 2014, and on or about September 25, 2015, the parties having been sent notification that the appeal would appear on the October 8, 2015 ready-day calendar; and on September 29, 2015 appellant's counsel having advised the court by telephone that the matter had been "closed", and counsel having requested by letter dated October 7, 2015, that the appeal be withdrawn, and the court having confirmed that the matter was settled in the Civil Court on September 24, 2014, a year earlier,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 December 18, 2015.

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