Opinion
Motion No: 2011-01386 Index No. 19692/08 M126242
09-22-2011
William Restrepo, respondent, v. Home Depot U.S.A., Inc., appellant.
, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
The defendant, Home Depot U.S.A., Inc., having appealed to this Court from an order of the Supreme Court, Queens County, entered January 11, 2011, this Court noticed the matter for a CAMP conference on June 29, 2011, and the respondent failed to appear at the conference without excuse. By order to show cause dated August 11, 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 Pena & Kahn, PLLC, counsel for the 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, Pena & Kahn, PLLC, counsel for the respondent, 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 decision and order on motion; and it is further,
ORDERED that within 10 days after payment of the sanction, Pena & Kahn, PLLC, shall file proof of payment with the Clerk of this Court.
The designated Judicial Hearing Officer at the CAMP conference directed all counsel to attend with clients, in a notice to the parties pursuant to 22 NYCRR 670.4(b)(1). Pena & Kahn, PLLC, counsel for the respondent, failed to insure that its client 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 COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court