Kitkas v Windsor Place Corp.
Motion No: 2009-03350
Slip Opinion No: 2009 NY Slip Op 85389(U)
Decided on October 8, 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

M92947

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2009-03350

Nikolaos Kitkas, plaintiff, v Windsor Place

Corp., defendant third/third-third party plaintiff-

respondent, et al., defendants, T & G Contracting

Corp., third-party defendant/second third-party

plaintiff-respondent; Boca Electric Corp.,

second/third third-party defendant-appellant.

(Index No. 27242/05)

DECISION & ORDER ON MOTION

Boca Electric Corp. appealed to this court from an order of the Supreme Court, Queens County, dated December 24, 2008, this court noticed the matter for a CAMP conference, and counsel for the plaintiff failed to appear at the conference without excuse. By order to show cause dated September 10, 2009, counsel for the parties 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 on plaintiff's counsel pursuant to 22 NYCRR 670.4(b)(2).

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

ORDERED that the motion to impose sanctions upon the plaintiff's counsel pursuant to 22 NYCRR 670.4(b)(2) is denied.

FISHER, J.P., BALKIN, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court