Appellate Division: Second Judicial Department

M94157

S/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2009-07654 Larry Mandel, respondent, v Eleni, Inc., et al., appellants, et al., defendant. (Index No. 3741/07)

DECISION & ORDER ON MOTION

The defendants Eleni, Inc., and Kamal Mohammad having appealed to this court from an order of the Supreme Court, Kings County, dated July 2, 2009, and this court having noticed the matter for a CAMP conference, and, counsel for the plaintiff having failed to bring his client to the conference without excuse. By order to show cause dated October 9, 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 plaintiff 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, Subin Associates, LLP, counsel for the plaintiff, is directed to pay a sanction in the sum of $100 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, Subin Associates, LLP, shall file proof of payment with the Clerk of this court.

Under the circumstances of this case the failure of counsel for the plaintiff to notify the court in advance, that his client would not be able to attend the CAMP conference warrants a sanction in the above amount.

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

ENTER:

James Edward Pelzer

Clerk of the Court