Diaz v Chaudhry
Motion No: 2010-10385
Slip Opinion No: 2011 NY Slip Op 70169(U)
Decided on April 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M118714

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-10385

Jose Diaz, appellant, v Abdul R.

Chaudhry, et al., respondents.

(Index No. 19992/05)

DECISION & ORDER ON MOTION

The plaintiff, Jose Diaz, having appealed from an order of the Supreme Court, Kings County, dated September 27, 2010, this Court having noticed the matter for a CAMP conference on February 24, 2011, and counsel for the appellant having failed to appear at the CAMP conference without excuse. By order to show cause dated March 9, 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.

Now, upon the order to show cause, and the papers filed in response thereto, it is

ORDERED that within 20 days of service upon him of a copy of this decision and order on motion, Eugene D. Zinbarg, counsel for the appellant, is directed to pay a sanction in the sum of $500 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 decision and order on motion; and it is further,

ORDERED that within 10 days after payment of the sanction, Eugene D. Zinbarg 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." Eugene D. Zinbarg, counsel for the appellant, 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]).

RIVERA, J.P., ANGIOLILLO, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court