Appellate Term, Second Department: October 24, 2019

Second, Eleventh and Thirteenth JudicIal Districts Cases Released on: October 24, 2019

By: Pesce, P.J., Aliotta, Elliot, JJ. 2017-2400 K C. WILLIAM B. JONES, M.D. v CITIWIDE AUTO LEASING — Appellant Citiwide Auto Leasing, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated September 8, 2017, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on January 24, 2018, and appellant having perfected the appeal on May 1, 2018, and on August 28, 2019, both parties having received email notices advising each that the appeal was to be heard on submission on September 18, 2019, and by letter dated September 19, 2019 and filed September 24, 2019, counsel for appellant having notified the court that the “matter has been resolved and settled,” and counsel having attached thereto a stipulation of discontinuance indicating that the underlying action had been settled on October 25,2018, nearly 11 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 November 15, 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. October 16, 2019