| DiCariano v County of Rockland |
| Motion No: 2011-00619 |
| Slip Opinion No: 2011 NY Slip Op 76909(U) |
| Decided on June 29, 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
M122130
E/sl
A. GAIL PRUDENTI, P.J.
DANIEL D. ANGIOLILLO
ANITA R. FLORIO
JEFFREY A. COHEN, JJ.
|
2011-00619 David DiCariano, respondent, v County of Rockland, et al., appellants. (Index No. 13128/08)
| DECISION & ORDER ON MOTION |
The defendants, County of Rockland, Hudson Transit Lines, and Rodney M. Wright, having appealed from an order of the Supreme Court, Rockland County, dated November 8, 2010, this Court noticed the matter for a CAMP conference on May 12, 2011, and the respondent failed to appear at the conference without excuse. By order to show cause dated May 23, 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 Monty Doman, of Sacks and Sacks, LLP, counsel for the respondent.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that within 20 days of service upon him of a copy of this decision and order on motion, Monty Doman, of Sacks and Sacks, LLP, counsel for the respondent, 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, Monty Doman shall file proof of payment with the Clerk of this Court.
Pursuant to 22 NYCRR 670.4(b)(1), "[t]he court, in those cases in which it deems it appropriate, will issue a notice directing the attorneys for the parties and/or the parties themselves to attend a preargument conference." The notice issued in connection with the CAMP conference directed that the parties attend. Monty Doman, of Sacks and Sacks, LLP, counsel for the respondent, failed to insure that the respondent appear for the 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]).
PRUDENTI, P.J., ANGIOLILLO, FLORIO and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court