Appellate Division: Second Judicial Department

M109946

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-05070 Michael Lagana, respondent-appellant, v Rite Way Corp., et al., appellants-respondents, et al., defendants. (Index No. 29789/05)

ORDER TO SHOW CAUSE

The defendants Rite Way Corp. and Jerry H. Gurewitz having appealed and the plaintiff, Michael Lagana, having cross-appealed to this Court from an order of the Supreme Court, Kings County, dated April 28, 2010, and this Court having noticed the matter for a CAMP conference on October 5, 2010, and counsel for the appellants-respondents having failed to appear at the conference without excuse.

Now, on the Court's own motion, it is

ORDERED that counsel for the appellants-respondents and counsel for the respondent-appellant 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 appellants-respondents Rite Way Corp. and Jerry H. Gurewitz, by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on all parties to the action on or before November 19, 2010; and it is further,

ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel for all parties by regular mail.

DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court