Luan Hua v Lau
Motion No: 2010-11094
Slip Opinion No: 2011 NY Slip Op 72154(U)
Decided on May 9, 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

M119774

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2010-11094

Luan Hua, etc., respondent,

v Cheuk W. Lau, etc., appellant.

(Index No. 8795/08)

DECISION & ORDER ON MOTION

The defendant, Cheuk W. Lau, having appealed from an order of the Supreme Court, Queens County, dated October 13, 2010, this Court noticed the matter for a CAMP conference on March 17, 2011, and counsel for the appellant failed to appear at the conference without excuse.

By order to show cause dated March 24, 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 decision and order on motion, Bartlett, McDonough & Monaghan, LLP, 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 decision and order on motion; and it is further,

ORDERED that within 10 days after payment of the sanction, Bartlett, McDonough & Monaghan, LLP, 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." Bartlett, McDonough &

Monaghan, LLP, 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]).

SKELOS, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court