Appellate Division: Second Judicial Department

M128720

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2011-04705 Brandi Denardo, appellant, v Michael Ziatyk, et al., respondents. (Index No. 13907/08)

DECISION & ORDER ON MOTION

The plaintiff, Brandi Denardo, having appealed to this Court from an order of the Supreme Court, Westchester County, entered March 29, 2011, this Court noticed the matter for a CAMP conference on September 15, 2011, and the appellant as well as a claims representative for the insurance carrier for the respondents failed to appear at the conference without excuse. By order to show cause dated September 30, 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 Alan Jay Binger, counsel for the appellant, and Eustace & Marquez, counsel for the respondents.

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

ORDERED that the motion is denied with respect to Alan Jay Binger, counsel for the appellant and granted with respect to Eustace & Marquez, counsel for the respondents; and it is further,

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Eustace & Marquez, counsel for the respondents, 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 by regular mail; and it is further,

ORDERED that within 10 days after payment of the sanction, Eustace & Marquez 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, which included a claims representative for the respondents' insurance carrier, in a notice to the parties pursuant to 22 NYCRR 670.4(b)(1). Eustace & Marquez, counsel for the respondents, failed to insure that a claims representative for the respondents' insurance carrier appear for a regularly scheduled CAMP conference, without good cause. Accordingly, we determine that a sanction in the amount set forth above against Eustace & Marquez, counsel for the respondents, is appropriate (see 22 NYCRR 670.4[b][2]). However, under the circumstances, sanctions are not warranted against Alan Jay Binger, counsel for the appellant.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court