Gilberto v. Sides

Full title: Paul Gilberto, respondent, v. David M. Sides, defendant, Dawn Ifkovits…

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

Date published: Nov 30, 2012

2012 N.Y. Slip Op. 92081 (N.Y. App. Div. 2012)

Opinion

Motion No: 2012-04572 Index No. 101759/10 M147418

11-30-2012

Paul Gilberto, respondent, v. David M. Sides, defendant, Dawn Ifkovits, appellant.

WILLIAM F. MASTRO

, J.P.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

DECISION & ORDER ON MOTION

The defendant Dawn Ifkovits having appealed to this Court from an order of the Supreme Court, Richmond County, dated March 19, 2012, this Court noticed the matter for a CAMP conference on October 22, 2012, and Cuomo, LLC, counsel for the appellant, failed to appear at the conference without excuse. By order to show cause dated October 26, 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 Cuomo, LLC, counsel for the appellant.

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, Cuomo, LLC, 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, Cuomo, LLC, 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." Cuomo, LLC, counsel for the appellant, 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]).

MASTRO, J.P., RIVERA, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court