Montalvo v. CVS Pharmacy, Inc.

Full title: Edward Montalvo, et al., appellants-respondents, v. CVS Pharmacy, Inc.…

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

Date published: Sep 1, 2011

Motion No: 2011-01911 (N.Y. App. Div. Sep. 1, 2011)

Opinion

Motion No: 2011-01911 Index No. 7324-05 M124836

09-01-2011

Edward Montalvo, et al., appellants-respondents, v. CVS Pharmacy, Inc., respondent-appellant, et al., defendants (and a third-party action).

REINALDO E. RIVERA

, J.P.

RANDALL T. ENG

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

The plaintiffs, Edward Montalvo and Janine Montalvo, having appealed and the defendant CVS Pharmacy, Inc., having cross-appealed to this Court from an order of the Supreme Court, Suffolk County, dated December 20, 2010, this Court noticed the matter for a CAMP conference on May 26, 2011, and counsel for the plaintiffs failed to appear at the conference without excuse. By order to show cause dated June 7, 2011, counsel for the parties 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 Kujawski & DelliCarpini, counsel for the plaintiffs.

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, Kujawski & DelliCarpini, counsel for the plaintiffs, 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 counsel for the parties with a copy of this order; and it is further,

ORDERED that within 10 days after payment of the sanction, Kujawski & DelliCarpini, shall file proof of payment with the Clerk of this Court.

Pursuant to 22 NYCRR 670.4(b)(2), "[a]ny attorney . . . 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." Kujawski & DelliCarpini, counsel for the plaintiffs, 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]).

RIVERA, J.P., ENG, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court