Opinion
Motion No: 2011-05501 Index No. 4785/99 M128187
10-31-2011
Morgan Delijani, respondent, v. Parham Delijani, defendant; Sean Sabeti, etc., nonparty-appellant.
, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Sean Sabeti, former attorney for the defendant, having appealed to this Court from an order of the Supreme Court, Nassau County, dated May 13, 2011, this Court having noticed the matter for a CAMP conference on July 12, 2011, and Sean Sabeti failed to appear at the conference without excuse. By order to show cause dated August 16, 2011, Sean Sabeti and counsel for the plaintiff 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 Sean Sabeti. Separate motion by Sean Sabeti to extend the time to file a response to the motion to impose a sanction upon him, and for leave to access the file of the Supreme Court, Nassau County, concerning this case and access the files of this Court concerning this appeal.
Now, upon the Court's own motion and the papers filed in response thereto, and upon the papers filed in support of Sean Sabeti's motion and the papers filed in opposition thereto, it is
ORDERED that Sean Sabeti's motion is denied; and it is further,
ORDERED that the motion to impose a sanction upon the nonparty-appellant, Sean Sabeti, is granted, and within 20 days of service upon him of a copy of this decision and order on motion, Sean Sabeti 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 his designee, is directed to serve Sean Sabeti, and counsel for the plaintiff with a copy of this decision and order on motion; and it is further,
ORDERED that within 10 days after payment of the sanction, Sean Sabeti 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." The nonparty-appellant, Sean Sabeti, 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., CHAMBERS, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court