| Levina v Starrett City, Inc. |
| Motion No: 2011-00795 |
| Slip Opinion No: 2011 NY Slip Op 73708(U) |
| Decided on May 24, 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
M120430
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
RANDALL T. ENG, JJ.
|
2011-00795 Asya Levina, respondent, v Starrett City, Inc., appellant. (Index No. 32004/08)
| DECISION & ORDER ON MOTION |
The defendant, Starrett City, Inc., having appealed to this Court from an order of the Supreme Court, Kings County, dated November 9, 2010, this Court noticed the matter for a CAMP conference on March 29, 2011, and a claims representative for the appellant's insurance carrier failed to appear at the conference without excuse. By order to show cause dated April 14, 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 Brody, Benard & Branch, LLP, 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 it of a copy of this decision and order on motion, Brody, Benard & Branch, LLP, counsel for the appellant, is directed to pay a sanction in the sum of $150 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 an order on motion; and it is further,
ORDERED that within 10 days after payment of the sanction, Brody, Benard & Branch, LLP, shall file proof of payment with the Clerk of this Court.
The designated Judicial Hearing Officer at the CAMP conference directed all counsel to attend with clients, which included representatives of insurers, in a notice to the parties pursuant to 22 NYCRR 670.4(b)(1). Brody, Benard & Branch, LLP, counsel for the appellant, failed to insure that a representative for its client's insurance carrier attended a regularly scheduled CAMP conference, without good cause. Accordingly, we determine that a sanction in the amount set forth above is appropriate (see 22 NYCRR 670.4[b][2]).
DILLON, J.P., FLORIO, BALKIN and ENG, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court