Opinion
CA 04-01218.
November 19, 2004.
Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered December 29, 2003 in a personal injury action. The order, insofar as appealed from, directed plaintiff's attorney to pay defendants Michelle A. Tartaglia and Anthony F. Tartaglia the sum of $500 to cover the cost of the late cancellation of a medical examination of plaintiff.
Before: Pigott, Jr., P.J., Pine, Scudder, Kehoe and Lawton, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Contrary to plaintiff's contention, Supreme Court did not abuse its discretion in ordering plaintiff's attorney to pay defendants Michelle A. Tartaglia and Anthony F. Tartaglia the sum of $500 "to cover the cost of the late cancellation of the prior medical examination" of plaintiff ( see generally CPLR 3126; Adams v. Deloreto, 272 AD2d 875; Flynn v. Debonis, 246 AD2d 852, 853). The contentions of plaintiff's attorney that the order constituted a sanction under 22 NYCRR 130-1.1 and that the court did not comply with 22 NYCRR 130-1.2 are without merit. Remedies within the court's discretion pursuant to CPLR 3126 are different from remedies pursuant to the regulations ( see Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3126:11), and here the relief sought was under CPLR article 31.