Klein v. Geico Gen. Ins. Co.

Full title: Saul J. Klein, appellant, v. GEICO General Insurance Company, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Dec 13, 2011

2011 N.Y. Slip Op. 92730 (N.Y. App. Div. 2011)

Opinion

M130059 2011-04700 Index No. 1350/11

12-13-2011

Saul J. Klein, appellant, v. GEICO General Insurance Company, respondent.

MARK C. DILLON

, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

The plaintiff, Saul J. Klein, having appealed to this Court from an order of the Supreme Court, Nassau County, entered April 13, 2011, this Court noticed the matter for a CAMP conference on September 28, 2011, and the appellant failed to appear at the conference without excuse. By order to show cause dated October 11, 2011, 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 22 NYCRR 670.4(b)(2) upon the appellant and the appellant's counsel, Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., counsel for the appellant, is directed to pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve counsel for the parties with a copy of this decision and order on motion by regular mail; and it is further,

ORDERED that within 10 days after payment of the sanction, Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., shall file proof of payment with the Clerk of this Court.

The designated Judicial Hearing Officer at the CAMP conference directed all counsel to attend with clients, in a notice to the parties pursuant to 22 NYCRR 670.4(b)(1). Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., counsel for the appellant, failed to insure that its client appeared for a regularly scheduled CAMP conference, without good cause. Accordingly, we determine that a sanction in the amount set forth above is appropriate (see 22 NYCRR 670.4[b][2]).

DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court