Second, Eleventh and Thirteenth JudicIal DistrictsCases released on: November 8, 2018
By: Pesce, P.J., Aliotta, Elliot, JJ.2016-01263 K C. JAMAICA WELLNESS MEDICAL, P.C., A/A/O JOSEPH v. ELRAC, INC. — Appellant Jamaica Wellness Medical, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated April 12, 2016, and appellant and respondent having attended a Civil Appeals Management Program (CAMP) conference on July 7, 2016, and appellant perfected the appeal on October 5, 2016, and both parties having been sent a notice on September 27, 2018, advising each that the appeal was to be heard on submission, and by fax dated October 2, 2018, the court having been advised that the matter had been discontinued by stipulation dated October 16, 2016, nearly two years 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 December 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 29, 20182016-1424 K C. 722 LEVONIA AVE., LLC v. RUSSELL — Appeal from a judgment of the Civil Court of the City of New York, Kings County, entered February 9, 2016. By order to show cause dated September 27, 2018, the parties were directed to show cause before this court why the appeal should or should not be dismissed for lack of prosecution.Upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion is granted and the appeal is dismissed.October 29, 20182017-1702 K C. RODRIGUEZ v. HERNANDEZ — On the court’s own motion, it isORDERED that the above-entitled appeal from an order of the Civil Court of the City of New York, Kings County, entered July 31, 2017, is stricken from the appeals calendar and the general calendar on the ground that the appeal was not properly perfected.The order appealed from denied appellant’s motion to set aside a judgment after inquest dismissing the action. In these circumstances, a transcript of the inquest is required in order for the appeal to be properly perfected.October 29, 2018
