Leopold v New York City Transit Authority
Motion No: 2009-03185
Slip Opinion No: 2009 NY Slip Op 77506(U)
Decided on July 9, 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

M89136

J/sl

STEVEN W. FISHER, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-03185

Marie Leopold, appellant,

v New York City Transit Authority, et al.,

respondents.

(Index No. 1537/07)

DECISION & ORDER ON MOTION

The plaintiff having appealed to this court from an order of the Supreme Court, Kings County, dated January 14, 2009, and this court having noticed the matter for a CAMP conference, and, counsel for the respondents having failed to appear at the conference without excuse. By order to show cause dated June 9, 2009, counsel for the appellant and the respondents were directed to show cause why an order should or should not be made and entered imposing such sanctions on counsel for the respondents 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.

FISHER, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court