Appellate Division: Second Judicial Department

M121780

E/nl

MARK C. DILLON, J.P.

RUTH C. BALKIN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-01482 Ubirajara Franco, appellant, v Supreme Poultry, Inc., et al., respondents. (Index No. 14858/08)

DECISION & ORDER ON MOTION

The plaintiff, Ubirajara Franco, having appealed to this Court from an order of the Supreme Court, Kings County, dated December 20, 2010, this Court noticed the matter for a CAMP conference on May 5, 2011, and counsel for the respondents failed to appear at the conference without excuse. By order to show cause dated May 18, 2011, counsel for the parties was 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 Robert P. Tusa, counsel for the respondents.

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, Robert P. Tusa, counsel for the respondents, 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 order; and it is further,

ORDERED that within 10 days after payment of the sanction, Robert P. Tusa 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." Robert P. Tusa, counsel for the respondents, 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]).

DILLON, J.P., BALKIN, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court