- Appellate Term, Second Judicial Department
- May 28 2010 (Date Decided)
- : Pesce, P.J., Weston, Rios, JJ.
2010-3122 K C. JAMAICA MEDICAL SUPPLY, INC. A/A/O ROBERTS v. ELRAC, INC. D/B/A ENTERPRISE RENTA-CAR — Appellant having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated May 28, 2010, and appellant having perfected the appeal on July 18, 2011, the matter was placed on this court's ready-day calendar for June 12, 2012. By letter dated June 5, 2012 and post-marked June 6, 2012 (and received by the Appellate Term June 12, 2012), counsel for respondent sought to withdraw the appeal, advising that the underlying matter had previously been settled on August 8, 2011. Counsel for respondent provided a copy of the stipulation discontinuing the underlying matter dated August 8, 2011, executed by respective counsel. By order to show cause dated June 18, 2012, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to the Rules of the Appellate Terms, Second Department (22 NYCRR) §730.3 (1) upon the parties or their respective counsel.