Opinion
Motion No: 2011-01148 Index No. 14865/08 M130904
12-29-2011
Margarita Martinez, plaintiff-respondent, v. Asta Surgical Chemists, Inc., etc., defendant-respondent, Franciscan Construction Corp., appellant, et al., defendant.
, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
The defendant Franciscan Construction Corp. having appealed to this Court from an order of the Supreme Court, Queens County, dated November 18, 2010, this Court noticed the matter for a CAMP conference on October 24, 2011, and a claims representative for the insurance carrier for Asta Surgical Chemists, Inc., failed to appear at the conference without excuse. By order to show cause dated November 3, 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 Faust, Goetz, Schenker & Blee, LLP, counsel for Asta Surgical Chemists, Inc.
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, Faust, Goetz, Schenker & Blee, LLP, counsel for Asta Surgical Chemists, Inc., 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, Faust, Goetz, Schenker & Blee, LLP, 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, which included a claims representative for the defendant-respondent's insurance carrier, in a notice to the parties pursuant to 22 NYCRR 670.4(b)(1). Faust, Goetz, Schenker & Blee, LLP, counsel for Asta Surgical Chemists, Inc., failed to insure that a claims representative for the defendant-respondent's insurance carrier appear 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, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court