Kapeleris v Riordan
Motion No: 2010-04189
Slip Opinion No: 2010 NY Slip Op 87743(U)
Decided on November 12, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M110838

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-04189

Stacey Kapeleris, respondent-appellant,

v Susan Riordan, appellant-respondent.

(Index No. 22863/08)

DECISION & ORDER ON MOTION

The defendant appealed to this Court from an order of the Supreme Court, Kings County, dated March 18, 2010, and the plaintiff cross-appealed from the same order, and this Court noticed the matter for a CAMP conference, and counsel for the plaintiff failed to appear at the conference without excuse. By order to show cause dated September 17, 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.

Now, on the Court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the motion is denied.

Under the circumstances sanctions are not warranted.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court