Appellate Division: Second Judicial Department

M118257

E/sl

JOSEPH COVELLO, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2010-06745 Aida Leary, appellant, v Cornell Means, et al., respondents. (Index No. 33282/05)

DECISION & ORDER ON MOTION

The plaintiff, Aida Leary, having appealed from an order of the Supreme Court, Kings County, dated May 10, 2010, this Court noticed the matter for CAMP conferences on October 26, 2010, December 20, 2010, and February 14, 2011, and counsel for the appellant failed to appear without excuse. By order to show cause dated March 2, 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 counsel for the appellant.

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, Louis S. Desorbo, P.C., counsel for the appellant, 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, Louis S. Desorbo, 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." Louis S. Desorbo, P.C., counsel for the appellant, failed to appear for two regularly scheduled CAMP conferences, without good cause, and is subject to the sanction set forth above (see 22 NYCRR 670.4[b][2]).

COVELLO, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court