Appellate Division: Second Judicial Department

M94898

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)

DECISION & ORDER ON MOTION

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. By order to show cause dated October 20, 2009, counsel for the appellant and the respondent were directed to 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).

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, Siler & Ingber, LLP, counsel for the respondents, is directed to pay a sanction in the sum of $200 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, Siler & Ingber, LLP, shall file proof of payment with the Clerk of this court.

MASTRO, J.P., BALKIN, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court