Appellate Division: Second Judicial Department

M128717

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-05424 Hanna Hochman, appellant, v Miguel A. Rivera, et al., respondents. (Index No. 10715/07)

DECISION & ORDER ON MOTION

The plaintiff, Hanna Hochman, having appealed to this Court from an order of the Supreme Court, Kings County, dated April 12, 2011, this Court noticed the matter for a CAMP conference on August 4, 2011, and counsel for the respondent Miguel A. Rivera failed to appear at the conference without excuse. By order to show cause dated September 27, 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 John C. Buratti & Associates, counsel for the respondent Miguel A. Rivera.

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, John C. Buratti & Associates, counsel for the respondent Miguel A. Rivera, 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, John C. Buratti & Associates, counsel for the respondent Miguel A. Rivera, shall file proof of payment with the Clerk of this Court.

Pursuant to 22 NYCRR 670.4(b)(2), "[a]ny attorney . . . who, without good cause, fails to appear for a regularly scheduled preargument conference . . . shall be subject to the imposition of such costs and/or sanctions as the [C]ourt may direct." John C. Buratti & Associates, counsel for the respondent Miguel A. Rivera, failed to appear for 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]).

MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court