Appellate Division: Second Judicial Department

M91754

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-02375 Otto Carchi, et al., plaintiffs-respondents, v Christian Jean-Phillips, et al., defendants- respondents, Home Depot U.S.A., Inc., appellant. (Index No. 23059/06)

DECISION & ORDER ON MOTION

The defendant Home Depot U.S.A., Inc., appealed to this court from an order of the Supreme Court, Queens County, dated January 27, 2009, this court noticed the matter for a CAMP conference, and, counsel for the plaintiffs failed to appear at the conference without excuse. By order to show cause dated August 17, 2009, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions upon counsel for the plaintiffs as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2).

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

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Pulvers, Pulvers & Thompson, LLP, counsel for the plaintiffs, 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, Pulvers, Pulvers & Thompson, LLP, shall file proof of payment with the Clerk of this court.

DILLON, J.P., COVELLO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court