Appellate Division: Second Judicial Department

M94159

S/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2009-07799 Ralph DeSimone, appellant, v Christopher K. Murphy, et al., respondents. (Index No. 15029/06)

DECISION & ORDER ON MOTION

The plaintiff having appealed to this court from an order of the Supreme Court, Kings County, dated June 19, 2009, and this court having noticed the matter for a CAMP conference, and, counsel for the appellant having failed to appear at the conference without excuse. By order to show cause dated October 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 upon counsel for the appellant 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 her of a copy of this decision and order on motion, Natascia Ayers, counsel for the appellant, 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, Natascia Ayers, shall file proof of payment with the Clerk of this court.

FISHER, J.P., COVELLO, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court