Opinion
Motion No: 2011-09807 Index No. 11483-08 M138925
06-12-2012
Jacqueline Rappel, plaintiff-respondent, v. Wincoma Association, Inc., defendant first/second third-party plaintiff-appellant; Roger Ambrosio, Inc., et al., third-party defendants; v. Frank Rappel, et al., second- third-party defendants-respondents.
, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
The defendant first/second third-party plaintiff having appealed to this Court from a judgment of the Supreme Court, Suffolk County, dated August 22, 2011, this Court noticed the matter for a CAMP conference on April 30, 2012, and the plaintiff-respondent failed to appear at the conference without excuse. By order to show cause dated May 14, 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 Kenneth J. Ready & Associates, counsel for the plaintiff-respondent.
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, Kenneth J. Ready & Associates 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, Kenneth J. Ready & Associates 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." Kenneth J. Ready & Associates, counsel for the plaintiff-respondent, 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., DICKERSON, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court