Appellate Division: Second Judicial Department

M69921

E/sl

ROBERT A. SPOLZINO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2007-10439 Wieslaw Foksinski, respondent, v Lord-Vaccaro Construction, Inc., defendant, Donald Marcus, etc., et al., appellants (and a third-party action). (Index No. 23189/05)

DECISION & ORDER ON MOTION

The defendants having appealed to this court from an order of the Supreme Court, Kings County, dated September 12, 2007, and this court having noticed the matter for a CAMP conference, and, counsel for the third-party defendants Miroslaw Tomasz Kamieniarz, Dorota Kowalska, and Apollo 21 Construction Corp., having failed to appear at the conference without excuse. By order to show cause dated March 25, 2008, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions on counsel for the third-party defendants Miroslaw Tomasz Kamieniarz, Dorota Kowalska, and Apollo 21 Construction Corp., as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2).

Upon the court's own motion and the papers filed in response thereto, it is

ORDERED that within 20 days of service upon him of a copy of this decision and order on motion, Michael A. Forzano, counsel for the third-party defendants Miroslaw Tomasz Kamieniarz, Dorota Kowalska, and Apollo 21 Construction Corp., 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, Michael A. Forzano, shall file proof of payment with the Clerk of this court.

SPOLZINO, J.P., DICKERSON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court