| Lagana v Rite Way Corp. |
| Motion No: 2010-05070 |
| Slip Opinion No: 2011 NY Slip Op 62047(U) |
| Decided on January 21, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M112720
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2010-05070 Michael Lagana, respondent-appellant, v Rite Way Corp., et al., appellants-respondents, et al., defendants.
(Index No. 29789/05)
| DECISION & ORDER ON MOTION |
The defendants Rite Way Corp. and Jerry H. Gurewitz having appealed and the plaintiff Michael Lagana having cross-appealed to this Court from an order of the Supreme Court, Kings County, dated April 28, 2010, this Court noticed the matter for a CAMP conference on October 5, 2010, and counsel for the appellants-respondents failed to appear at the conference without excuse. By order to show cause dated October 21, 2010, counsel for the appellants-respondents and counsel for the respondent-appellant 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 counsel for the appellants-respondents on this appeal.
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, Wade Clark Mulcahy 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, Wade Clark Mulcahy, shall file proof of payment with the Clerk of this Court.
Wade Clark Mulcahy was relieved from representing the appellants-respondents by the Supreme Court, Kings County. Wade Clark Mulcahy neither moved in this Court to be relieved as counsel for the appellants-respondents on this appeal nor notified CAMP that it had been relieved as counsel for the appellants-respondents in the Supreme Court. Under the circumstances, the imposition of sanctions in the amount indicated is warranted.
DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court