Appellate Division: Second Judicial Department

M110820

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-05690 Jermaine Wedderburn, plaintiff-respondent, v Metropolitan Paper Recycling, Inc., defendant- respondent, Wedderburn Trucking, Inc., et al., appellants. (Index No. 14466/08)

DECISION & ORDER ON MOTION

The defendants Wedderburn Trucking, Inc., Estate of Christopher M. Wedderburn, and Alicia McMillan appealed to this court from an order of the Supreme Court, Kings County, dated March 11, 2010, and this Court noticed the matter for a CAMP conference on September 21, 2010, and counsel for the plaintiff-respondent failed to appear at the conference without excuse. By order to show cause dated September 27, 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 plaintiff-respondent.

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that within 20 days of service upon it of a copy of this order, Geller, Siegel & Coonerty, LLP, counsel for the plaintiff-respondent, 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 order; and it is further,

ORDERED that within 10 days after payment of the sanction, Geller, Siegel & Coonerty, LLP, shall file proof of payment with the Clerk of this Court.

Geller, Siegel & Coonerty, LLP, counsel for the plaintiff-respondent, without good cause, failed to appear for a regularly scheduled preargument conference, and is subject to the sanction set forth above (see 22 NYCRR 670.4[b][2]).

FISHER, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court