Opinion
Motion No: 2010-03169 Index No. 16059/08 M125991
09-23-2011
Mindy R. Zulberg, respondent, v. David J. Zulberg, appellant.
MARK C. DILLON, J.P.
RANDALL T. ENG
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
ORDER TO SHOW CAUSE
The defendant, David J. Zulberg, having appealed to this Court from an order of the Supreme Court, Queens County, dated March 5, 2010, and having perfected the appeal on December 17, 2010, and the respondent, Mindy R. Zulberg, having filed a brief on February 18, 2011, the matter was placed on this Court's calendar for September 13, 2011. By stipulation dated September 12, 2011, the appeal was withdrawn. The letter submitted by the attorney for the appellant, which was attached to the stipulation, advised this Court that the case had settled in June 2011.
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 above parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) 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 7, 2011.
Section 670.2(g) of the rules of this Court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
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.
DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court