Joseph v Kin Wei Cheung
Motion No: 2009-02955
Slip Opinion No: 2009 NY Slip Op 76298(U)
Decided on June 25, 2009
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

M88576

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

MARK C. DILLON

JOHN M. LEVENTHAL, JJ.

2009-02955

Jeanne Joseph, respondent,

v Kin Wei Cheung, et al., appellants.

(Index No. 020725/06)

DECISION & ORDER ON MOTION

The defendants having appealed to this court from an order of the Supreme Court, Kings County, dated February 27, 2009, and this court having noticed the matter for a CAMP conference, and, counsel for the respondent having failed to appear at the conference without excuse. By order to show cause dated June 4, 2009, counsel for the appellants and the respondent were directed to show cause why an order should or should not be made and entered imposing such sanctions on counsel for the respondent as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2).

On the court's own motion and the papers filed in response to the order to show cause, it is

ORDERED that the motion is denied.

Under the circumstances sanctions are not warranted.

SPOLZINO, J.P., SKELOS, DILLON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court