| Clark v Halmar Equities, Inc. |
| Motion No: 2010-08209 |
| Slip Opinion No: 2011 NY Slip Op 63250(U) |
| Decided on February 4, 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
M114986
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2010-08209 Charles Clark, et al., respondents, v Halmar Equities, Inc., et al., appellants. (Index No. 3092/01)
| DECISION & ORDER ON MOTION |
The defendant Halmar Equities, Inc., and the defendant Industrial Time & Systems, Inc., separately appealed to this Court from an order of the Supreme Court, Queens County, entered July 2, 2010, and this Court noticed the matter for a CAMP conference on December 13, 2010, and, Morenus, Conway, Goren & Brandman, counsel for the appellant Industrial Time & Systems, Inc., failed to appear at the conference without excuse. By order to show cause dated December 22, 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 counsel for the appellant Industrial Time & Systems, Inc.
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, Morenus, Conway, Goren & Brandman, counsel for the appellant Industrial Time & Systems, Inc., 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, Morenus, Conway, Goren & Brandman shall file proof of payment with the Clerk of this Court.
Pursuant to 22 NYCRR 670.4(b)(2), "[a]ny attorney . . . who, without good cause, fails to appear for a regularly scheduled preargument conference . . . shall be subject to the imposition of such costs and/or sanctions as the [C]ourt may direct." Morenus, Conway, Goren & Brandman, counsel for the appellant Industrial Time & Systems, Inc., failed to appear for a regularly scheduled preargument conference, without good cause, and is subject to the sanction set forth above (see 22 NYCRR 670.4[b][2]).
MASTRO, J.P., RIVERA, AUSTIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court