| Podesta v Burton |
| Motion No: 2010-07460 |
| Slip Opinion No: 2011 NY Slip Op 62052(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
M114427
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)
| DECISION & ORDER ON MOTION |
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 noticed the matter for a CAMP conference on November 22, 2010, and, Bader Yakaitis & Nonnenmacher, LLP, counsel for the plaintiff, failed to appear at the conference without excuse. By order to show cause dated December 2, 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 Bader Yakaitis & Nonnenmacher, LLP, counsel for the plaintiff,
Upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is denied.
Under the circumstances of this case sanctions are not warranted.
MASTRO, J.P., COVELLO, ROMAN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court