Appellate Division: Second Judicial Department

M93353

S/sl

MARK C. DILLON, J.P.

HOWARD MILLER

RANDALL T. ENG

JOHN M. LEVANTHAL, JJ.

2007-04533 In the Matter of MBNA American Bank, N.A., respondent, v John Karathanos, appellant. (Index No. 5897/06)

DECISION & ORDER ON MOTION

John Karathanos having appealed to this Court from an order of the Supreme Court, Nassau County, entered April 12, 2007, and having perfected the appeal on March 11, 2008, the petitioner MBNA American Bank, N.A., having filed a respondent's brief on April 7, 2008, and a reply brief having been filed on April 28, 2008, the matter was placed on this Court's calendar for May 1, 2008. On April 17, 2008, this Court granted a letter application by counsel for the appellant requesting adjournment of the calendar date so that he could appear for oral argument. Thereafter, Court personnel attempted on numerous occasions to reschedule the argument date but the proposed dates were repeatedly rejected by appellant's counsel on the ground that he would be unavailable. The matter finally was recalendared for oral argument on May 20, 2009, a date which was accepted by the appellant's counsel, however the appellant's counsel failed to appear for oral argument on that date. By order to show cause dated August 28, 2009, the parties and their counsel were directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against counsel for the appellant for his failure to appear for oral argument on May 20, 2009, after repeatedly requesting and obtaining adjournments.

Upon the court's own motion and the papers filed in relation thereto, it is

ORDERED that within 20 days of service upon him of a copy of this decision and order on motion, Jeffrey Benjamin, counsel for the appellant, is directed to pay a sanction in the sum of $1000 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, Jeffrey Benjamin, shall file proof of payment with the Clerk of this court.

DILLON, J.P., MILLER, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court