Appellate Division: Second Judicial Department

M127036

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JEFFREY A. COHEN, JJ.

2011-06396 Liam Byrne, plaintiff-respondent, v Emma Calogero, et al., defendants-respondents, Andrew J. Smith, appellant. (Index No. 3397/10)

ORDER TO SHOW CAUSE

The defendant Andrew J. Smith having appealed from an order of the Supreme Court, Orange County, dated May 24, 2011, and this Court having noticed the matter for a CAMP conference on September 28, 2011, and the plaintiff-respondent 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 the plaintiff-respondent and the plaintiff-respondent's counsel, Goldstein & Metzger, LLP, 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 October 31, 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.

DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court