Appellate Division: Second Judicial Department

M120426

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2010-12124 Charles McNeil, respondent-appellant, v Charles Inniss Housing Development Fund Corporation, defendant third-party plaintiff- respondent, Novalex Contracting Corp., defendant third-party plaintiff-appellant-respondent, St. Ann's Plumbing & Heating, LLC, et al., defendants- appellants-respondents; Escobar Contracting, LLC, third-party defendant-respondent. (Index No. 12302/05)

DECISION & ORDER ON MOTION

The defendants St. Ann's Plumbing & Heating, LLC, and MGM Painting and the defendant third-party plaintiff Novalex Contracting Corp. having appealed and the plaintiff, Charles McNeil, having cross-appealed to this Court from an order of the Supreme Court, Kings County, dated October 14, 2010, this Court noticed the matter for a CAMP conference on March 15, 2011, and a claims representative for the insurance carrier for St. Ann's Plumbing & Heating, LLC, 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 Quirk & Bakalor, P.C., counsel for St. Ann's Plumbing & Heating, LLC.

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, Quirk & Bakalor, P.C., counsel for St. Ann's Plumbing & Heating, LLC, 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, Quirk & Bakalor, P.C., 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). Quirk & Bakalor, P.C., counsel for St. Ann's Plumbing & Heating, LLC, failed to insure that a claims 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]).

MASTRO, J.P., FLORIO, BALKIN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court