Sarney v Metropolitan Transportation Authority
Motion No: 2011-02224
Slip Opinion No: 2011 NY Slip Op 81726(U)
Decided on August 23, 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

M124839

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-02224

Marilyn Sarney, respondent, v Metropolitan

Transportation Authority, et al., appellants.

(Index No. 33769/08)

DECISION & ORDER ON MOTION

The defendants Metropolitan Transportation Authority and MTA Bus Company having appealed from an order of the Supreme Court, Kings County, dated January 13, 2011, this Court noticed the matter for a CAMP conference on June 13, 2011, and counsel for the respondent failed to appear at the conference without excuse. By order to show cause dated June 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 Michelstein & Associates, PLLC, counsel for the respondent.

Now, upon the order to show cause, and the papers filed in response thereto, it is

ORDERED that the motion is denied.

Under the circumstances, sanctions are not warrnated.

RIVERA, J.P., FLORIO, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court