Opinion
2012-10295 Index No. 15608/10 M156636
05-21-2013
Wayne Haberman, appellant, v. Jack Meyer, etc., et al., respondents.
, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
The plaintiff having appealed to this Court from an order of the Supreme Court, Queens County, entered September 20, 2012, this Court noticed the matter for a CAMP conference on March 28, 2013, and counsel for the appellant failed to appear at the conference without excuse. By order to show cause dated April 4, 2013, 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 Addabbo & Greenberg, 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, Addabbo & Greenberg, 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, Addabbo & Greenberg, counsel for the appellant, 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." Addabbo & Greenberg, 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]).
DILLON, J.P., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court