Appellate Division: Second Judicial Department

M120431

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

RANDALL T. ENG, JJ.

2011-00333 Ronald B. Weathers, et al., respondents, v Alex Rios, appellant. (Index No. 8161/10)

DECISION & ORDER ON MOTION

The defendant, Alex Rios, having appealed to this Court from an order of the Supreme Court, Kings County, dated November 5, 2010, this Court noticed the matter for a CAMP conference on March 22, 2011, and a claims representative for the appellant's insurance carrier failed to appear at the conference without excuse.

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, Verrill & Goodstein, 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, Verrill & Goodstein, shall file proof of payment with the Clerk of this Court.

The Judicial Hearing Officer designated 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). Verrill & Goodstein, counsel for the appellant, 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]).

DILLON, J.P., FLORIO, BALKIN and ENG, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court