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Maslavi v. Demakos

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jul 25, 2013
2013 N.Y. Slip Op. 80651 (N.Y. App. Div. 2013)

Opinion

2013-02281 Index No. 26257/10 M159849

07-25-2013

Dezire Maslavi, respondent, v. Mary Demakos, et al., appellants.


, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

DECISION & ORDER ON MOTION

The defendants having appealed to this Court from an order of the Supreme Court, Queens County, entered January 28, 2013, this Court noticed the matter for a CAMP conference on April 25, 2013, and the respondent, as well as a claims representative of the insurance carrier for the appellants, failed to appear at the conference without excuse. By order to show cause dated May 2, 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 Milene Mansouri, counsel for the respondent, and/or Perez & Varvaro, counsel for the appellants.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the branch of the motion which is to impose a sanction upon Milene Mansouri, counsel for the respondent, is denied; and it is further,

ORDERED that the branch of the motion which is to impose a sanction upon Perez & Varvaro, counsel for the appellants, is granted, and within 20 days of service upon it of a copy of this decision and order on motion, Perez & Varvaro 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, Perez & Varvaro, counsel for the appellants, 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." Moreover, the designated Judicial Hearing Officer at the CAMP conference directed all counsel to attend with clients, which included a claims representative for the appellants' insurance carrier. Perez & Varvaro, counsel for the appellants, failed to insure that a claims representative for the appellants' insurance carrier appear for a regularly scheduled CAMP conference, without good cause. Accordingly, we determine that a sanction in the amount set forth above against Perez & Varvaro, counsel for the appellants, is appropriate (see 22 NYCRR 670.4[b][2]). However, under the circumstances, sanctions are not warranted against Milene Mansouri, counsel for the respondent.

SKELOS, J.P., DICKERSON, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Maslavi v. Demakos

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jul 25, 2013
2013 N.Y. Slip Op. 80651 (N.Y. App. Div. 2013)
Case details for

Maslavi v. Demakos

Case Details

Full title:Dezire Maslavi, respondent, v. Mary Demakos, et al., appellants.

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

Date published: Jul 25, 2013

Citations

2013 N.Y. Slip Op. 80651 (N.Y. App. Div. 2013)