Montalvo v CVS Pharmacy, Inc.
Motion No: 2011-01911
Slip Opinion No: 2011 NY Slip Op 74825(U)
Decided on June 7, 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

M121102

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-01911

Edward Montalvo, et al., appellants-respondents,

v CVS Pharmacy, Inc., respondent-appellant,

et al., defendants

(and a third-party action).

(Index No. 7324-05)

ORDER TO SHOW CAUSE

The plaintiffs, Edward Montalvo and Janine Montalvo, having appealed and the defendant CVS Pharmacy, Inc., having cross-appealed to this Court from an order of the Supreme Court, Suffolk County, dated December 20, 2010, and this Court having noticed the matter for a CAMP conference on May 26, 2011, and counsel for the plaintiffs having failed to appear at the conference without excuse.

Now, on the Court's own motion, it is

ORDERED that counsel for the parties 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 Kujawski & DelliCarpini, counsel for the plaintiffs, by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on all parties to the action on or before June 28, 2011; and it is further,

ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel for all parties by regular mail.

RIVERA, J.P., ENG, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court