Mitchell v Lopez
Motion No: 2011-05408
Slip Opinion No: 2011 NY Slip Op 88447(U)
Decided on October 31, 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

M127923

S/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2011-05408

Laura Mitchell, et al., respondents,

v Byron Lopez, appellant, et al., defendants.

(Index No. 28214/09)

ORDER TO SHOW CAUSE

The defendant Byron Lopez having appealed to this Court from an order of the Supreme Court, Queens County, dated April 1, 2011, and this Court having noticed the matter for a CAMP conference on October 5, 2011, and the defendants as well as the claims representatives for the appellant's and respondent's insurance carriers, having failed to appear at the conference without excuse.

Now, on the Court's own motion, it is

ORDERED that the parties or their attorneys 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 Nancy L. Isserlis, counsel for the defendant-appellant, Sim & Park, LLP, counsel for the plaintiffs-respondents, and Kaplan McCarthy, LLP, counsel for the remaining defendants, or upon the parties individually, 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 November 18, 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.

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court