| Mitthauer v T. Moriarty & Son, Inc. |
| Motion No: 2009-07786 |
| Slip Opinion No: 2009 NY Slip Op 86325(U) |
| Decided on October 20, 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. |
Appellate Division: Second Judicial Department
M93351
S/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2009-07786
Thomas Mitthauer, et al., respondents, v T. Moriarty & Son, Inc., appellant.
(Index No. 36081/07)
| ORDER TO SHOW CAUSE |
The defendant T. Moriarty & Son, Inc., having appealed to this court from an order of the Supreme Court, Kings County, dated June 26, 2009, and this court having noticed the matter for a CAMP conference, and, counsel for the respondents having failed to appear at the conference, with his clients, without excuse.
Now, on the court's own motion, it is
ORDERED that counsel for the appellant and the respondent show cause why an order should or should not be made and entered imposing such sanctions upon counsel for the respondent as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on all parties to the action on or before November 6, 2009; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for all parties by regular mail.
MASTRO, J.P., BALKIN, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court