| Akturk v Tafsiou |
| Motion No: 2010-08636 |
| Slip Opinion No: 2011 NY Slip Op 68819(U) |
| Decided on April 1, 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
M117958
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-08636, 2010-08726 Yuksel Akturk, appellant, v Gemal Tafsiou, et al., respondents. (Index No. 7042/09)
| DECISION & ORDER ON MOTION |
The plaintiff, Yuksel Akturk, having appealed to this Court from two orders of the Supreme Court, Kings County, dated May 27, 2010, and June 28, 2010, respectively, this Court noticed the matter for a CAMP conference on January 5, 2011, at which counsel for the plaintiff failed to appear without excuse. By order to show cause dated February 3, 2011, 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 Cardillo Law, P.C., counsel for the plaintiff.
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 decision and order on motion, Cardillo Law, P.C., counsel for the plaintiff, is directed to pay a sanction in the sum of $250 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, Cardillo Law, P.C., 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." Cardillo Law, P.C., counsel for the plaintiff, failed to appear for a regularly scheduled CAMP conference, without good cause, and is subject to the sanction set forth above (see 22 NYCRR 670.4[b][2]).
SKELOS, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court