Appellate Division: Second Judicial Department

M124830

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-11872 Cecilia Aikens-Hobson, et al., plaintiffs-appellants, v Joseph Bruno, et al., respondents, Brooklyn Appliance Wholesalers, et al., defendants-appellants (and a third-party action). (Index No. 27370/07)

DECISION & ORDER ON MOTION

The plaintiffs having appealed, and the defendants Brooklyn Appliance Wholesalers and Roger Benoit having separately appealed, to this Court from an order of the Supreme Court, Kings County, dated October 12, 2010, this Court noticed the matter for a CAMP conference on May 25, 2011, and the plaintiffs failed to appear at the conference without excuse. By order to show cause dated June 3, 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 Marulli, Lindenbaum, Edelman & Tomaszewski, LLP, counsel for the plaintiffs.

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, Marulli, Lindenbaum, Edelman & Tomaszewski, LLP, counsel for the plaintiffs, is directed to pay a sanction in the sum of $150 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, Marulli, Lindenbaum, Edelman & Tomaszewski, LLP, shall file proof of payment with the Clerk of this Court.

The designated Judicial Hearing Officer at the CAMP conference directed all counsel to attend with clients, in a notice to the parties pursuant to 22 NYCRR 670.4(b)(1). Marulli, Lindenbaum, Edelman & Tomaszewski, LLP, counsel for the plaintiffs, failed to insure that its clients 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., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court