Appellate Division: Second Judicial Department

M48515

E/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2006-08966 Marta Luongo, respondent, v Joseph Luongo, appellant. (Index No. 05-3054)

DECISION & ORDER ON MOTION

The defendant having appealed to this court from a judgment of the Supreme Court, Orange County, dated July 26, 2006, and this court having noticed the matter for a CAMP conference, and, counsel for the appellant having failed to appear at the conference without excuse. By order to show cause dated November 29, 2006, 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). Motion by the respondent to dismiss the appeal and to award the respondent an attorney's fee based on the appellant's failure to appear at the CAMP conference. Motion by Arthur Morrison, attorney retained to represent the appellant on the appeal, for leave to withdraw as counsel and to substitute Richard Paul Stone as attorney for the appellant.

Upon the papers filed in response to the order to show cause, and the motions, and the papers filed in opposition or relation there to, it is

ORDERED that within 20 days of service upon him of a copy of this decision and order on motion, Arthur Morrison, counsel for the appellant, is directed to pay a sanction in the sum of $500 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, Arthur Morrison shall file proof of payment with the Clerk of this court; and it is further,

ORDERED that the motion of the respondent to dismiss the appeal and to award the respondent an attorney's fee is denied; and it is further,

ORDERED that the motion of Arthur Morrison for leave to withdraw as counsel and to substitute Richard Paul Stone as attorney for the appellant is granted.

KRAUSMAN, J.P., GOLDSTEIN, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court