Second, Eleventh and Thirteenth JudicIal DistrictsCases released on: October 10, 2018
By: Elliot, P.J., Pesce, Siegal, JJ.2016-00560 K C. ST. LOCHER MEDICAL, P.C. v. STATE FARM MUT. AUTO. INS. CO. — Appellant St. Locher Medical, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, entered January 29, 2016, and counsel having appeared for a CAMP conference on April 19, 2016, and appellant having perfected the appeal on July 22, 2016, and both parties having been sent a notice (to appellant via e-mail and to respondent via mail) on May 17, 2018, advising each that the appeal was to be heard on the May 31, 2018 ready-day calendar, and counsel for appellant having notified the court via fax on May 18, 2018, that the appeal was to be withdrawn, and attached to the letter was a Stipulation of Discontinuance, originally dated December 20, 2017, nearly 5 months earlier. The stipulation was re-dated by hand to May 17, 2018.Now, on the court’s own motion, it isORDERED 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 7, 2018.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 4, 20182016-00592 K C. ST. LOCHER MEDICAL, P.C. v. STATE FARM MUT. AUTO. INS. CO. — Appellant St. Locher Medical, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, entered January 29, 2016, and counsel having appeared for a CAMP conference on April 19, 2016, and appellant having perfected the appeal on July 22, 2016, and both parties having been sent a notice (to appellant via e-mail and to respondent via mail) on May 17, 2018, advising each that the appeal was to be heard on the May 31, 2018 ready-day calendar, and counsel for appellant having notified the court via fax on May 18, 2018, that the appeal was to be withdrawn, and attached to the letter was a Stipulation of Discontinuance dated December 20, 2017, nearly 5 months earlier.Now, on the court’s own motion, it isORDERED 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 7, 2018.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 4, 2018
