Opinion
Motion No: 2011-09031 Index No. 202/09 M134600
03-09-2012
Miguel Cosme, respondent, v. Arturo Donmartin, et al., appellants.
, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
The defendants having appealed to this Court from a judgment of the Supreme Court, Queens County, entered August 11, 2011, this Court noticed the matter for a CAMP conference on January 11, 2012, and counsel for the respondent failed to appear at the conference without excuse. By order to show cause dated January 25, 2012, the parties or their attorneys 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 Richard K. Hershman, counsel for the respondent.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that within 20 days of service upon him of a copy of this decision and order on motion, Richard K. Hershman 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, Richard K. Hershman shall file proof of payment with the Clerk of this Court.
Pursuant to 22 NYCRR 670.4(b)(2), "[a]ny attorney or party who, without good cause, fails to appear for a regularly scheduled preargument conference . . . shall be subject to the imposition of such costs and/or sanctions as the [C]ourt may direct." Richard K. Hershman, counsel for the respondent, failed to 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., LEVENTHAL, BELEN and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court