Gruenhut v Mitchell
Motion No: 2007-08263
Slip Opinion No: 2008 NYSlipOp 71001(U)
Decided on May 5, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M69922

S/sl

STEVEN W. FISHER, J.P.

DAVID S. RITTER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-08263

Simcha Gruenhut, respondent-appellant,

v Elery Mitchell, appellant-respondent.

(Appeal No. 1)

(Index No. 08346/05)

2007-08269

Simcha Gruenhut, respondent-appellant,

v Elery Mitchell, appellant-respondent.

(Appeal No. 2)

(Index No. 08344/05)

2007-08270

Simcha Gruenhut, respondent-appellant,

v Elery Mitchell, appellant-respondent.

(Appeal No. 3)

(Index No. 08345/05)

DECISION & ORDER ON MOTION

The defendant having appealed to this court from three orders of the Supreme Court, Kings County, all dated July 12, 2007, and the plaintiff having cross appealed from the same orders, and this court having noticed the matter for a CAMP conference, and, counsel for the defendant having failed to appear at the conference without excuse. By order to show cause dated March 12, 2008, counsel for the appellants and the respondents 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 the court's own motion and no papers having been filed in relation thereto, it is

ORDERED that the motion to impose sanctions is denied.

FISHER, J.P., RITTER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court