Podesta v Burton
Motion No: 2010-07460
Slip Opinion No: 2010 NY Slip Op 89517(U)
Decided on December 2, 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

M111851

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-07460

David Podesta, appellant,

v Kevin T. Burton, et al., respondents.

(Index No. 30806/08)

ORDER TO SHOW CAUSE

The plaintiff, David Podesta, having appealed to this Court from an order of the Supreme Court, Kings County, dated April 30, 2010, and this Court having noticed the matter for a CAMP conference on November 22, 2010, and, Bader Yakaitis & Nonnenmacher, LLP, counsel for the plaintiff, having failed to appear at the conference without excuse.

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

ORDERED that counsel for the parties 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 Bader Yakaitis & Nonnenmacher, LLP, counsel for the plaintiff, 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 December 30, 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.

MASTRO, J.P., COVELLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court