Appellate Division: Second Judicial Department

M107342

J/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2010-01993 Doronish K. Alnashmi, plaintiff-respondent, v Certified Analytical Group, Inc., defendant third-party plaintiff-appellant; Griffin Bros. Inc., third-party defendant-respondent. (Index No. 18285/07)

DECISION & ORDER ON MOTION

The defendant third-party plaintiff having appealed to this Court from an order of the Supreme Court, Queens County, dated February 16, 2010, and this Court having noticed the matter for a CAMP conference and, counsel for the plaintiff having failed to appear at the conference without excuse in that counsel who appeared on the plaintiff's behalf did not have full authority to settle the matter. By order to show cause dated June 11, 2010, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions upon counsel for the plaintiff, as the Court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2).

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

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Law Offices of Neil Kalra, P.C., counsel for the plaintiff, 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, Law Offices of Neil Kalra, P.C., shall file proof of payment with the Clerk of this Court.

The instructions provided by the CAMP program to all attorneys appearing before it states that "[t]he attorneys who appear must be in charge of the case with full authority to settle." In response to the order to show cause, counsel for the plaintiff submitted the affirmation of Nancy Lee Gerson, the attorney who appeared on plaintiff's behalf at the CAMP conference. The affirmation of Nancy Lee Gerson indicated that she was ready to discuss the issues pending on the appeal, but did not state that she had authority to settle the matter. Under the circumstances, the imposition of sanctions in the amount indicated is warranted.

SKELOS, J.P., SANTUCCI, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court