Appellate Division: Second Judicial Department

M112870

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2010-04975 Harry Thompson, appellant, v Nishan Singh, et al., respondents. (Index No. 1335/07)

DECISION & ORDER ON MOTION

The plaintiff, Harry Thompson, appealed to this Court from an order of the Supreme Court, Queens County, dated March 19, 2010, this Court noticed the matter for a CAMP conference on October 27, 2010, and, Gary P. Kauget, Esq., counsel for the appellant, failed to appear at the conference without excuse. By order to show cause dated November 8, 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 deemed appropriate pursuant to 22 NYCRR 670.4(b)(2) upon Gary P. Kauget, Esq., counsel for the appellant.

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, Gary P. Kauget, P.C., counsel for the appellant, is directed to pay a sanction in the sum of $100 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, Gary P. Kauget, P.C., shall file proof of payment with the Clerk of this Court.

Gary P. Kauget, P.C., counsel for the appellant, 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]).

DILLON, J.P., SANTUCCI, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court