Appellate Division: Second Judicial Department

M100508

S/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-09948 Avenue P Associates, LLC, respondent, v Barsyl Supermarkets, Inc., appellant. (Index No. 11428/08)

DECISION & ORDER ON MOTION

The defendant having appealed to this court from an order of the Supreme Court, Kings County, dated August 11, 2009, and this court having noticed the matter for a CAMP conference, and, counsel for the appellant having sent an attorney to the conference who was unfamiliar with the case and without authority to settle the case. By order to show cause dated February 23, 2010, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2) upon counsel for the appellant.

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, Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P. C., 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, Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P. C., shall file proof of payment with the Clerk of this court.

MASTRO, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court