Appellate Division: Second Judicial Department

M112872

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2010-03366 Nilda Vales, appellant, v Lutheran Medical Center, etc., respondent. (Index No. 6844/08)

ORDER TO SHOW CAUSE

The plaintiff, Nilda Vales, appealed to this Court from an order of the Supreme Court, Kings County, dated February 17, 2010. This Court noticed the matter for a CAMP conference and the plaintiff failed to appear at the conference without excuse. This Court noticed the matter for a second CAMP conference and the plaintiff and her counsel failed to appear at the second conference without excuse. By order to show cause dated August 23, 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 Nilda Vales and upon her counsel.

Upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that within 20 days of service upon it of a copy of this order, David J. Hernandez, counsel for the appellant, is directed to pay a sanction in the sum of $500 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, David J. Hernandez shall file proof of payment with the Clerk of this Court.

David J. Hernandez, counsel for the appellant, without good cause, failed to appear for two regularly scheduled preargument conferences, and is subject to the sanction set forth above (see 22 NYCRR 670.4[b][2]).

MASTRO, J.P., FLORIO, DICKERSON and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court