Taylor v. Haque

Full title: Jennifer Taylor, etc., appellant, v. Fakhrun Nessa Haque, etc., respondent.

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

Date published: Aug 25, 2011

Motion No: 2010-11551 (N.Y. App. Div. Aug. 25, 2011)

Opinion

Motion No: 2010-11551 Index No. 16815/03 M124841

08-25-2011

Jennifer Taylor, etc., appellant, v. Fakhrun Nessa Haque, etc., respondent.

MARK C. DILLON

, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

The plaintiff, Jennifer Taylor, having appealed to this Court from an order of the Supreme Court, Kings County, dated September 21, 2010, this Court noticed the matter for a CAMP conference on May 2, 2011, and a claims representative for the insurance carrier for Fakhrun Nessa Haque failed to appear at the conference without excuse. By order to show cause dated May26, 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 Geisler & Gabriele, LLP, counsel for Fakhrun Nessa Haque.

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, Geisler & Gabriele, LLP, counsel for Fakhrun Nessa Haque, 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, Geisler & Gabriele, LLP, counsel for Fakhrun Nessa Haque, Benard & Branch, LLP, 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, which included representatives of insurers, in a notice to the parties pursuant to 22 NYCRR 670.4(b)(1). Geisler & Gabriele, LLP, counsel for Fakhrun Nessa Haque, failed to insure that a representative for its client's insurance carrier attended 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., BALKIN, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court