| Vasquez v New Chinatown Market, Inc. |
| Motion No: 2011-02574 |
| Slip Opinion No: 2011 NY Slip Op 89615(U) |
| Decided on November 14, 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. |
Appellate Division: Second Judicial Department
M128723
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2011-02574 Juana Vasquez, appellant, v New Chinatown Market, Inc., et al., respondents. (Index No. 30234/08)
| DECISION & ORDER ON MOTION |
The plaintiff, Juana Vasquez, having appealed to this Court from an order of the Supreme Court, Kings County, dated January 19, 2011, this Court noticed the matter for a CAMP conference on July 26, 2011, and 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 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 Cheven, Keely & Hatzis, counsel for the respondents.
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, Cheven, Keely & Hatzis, counsel for the respondents, is directed to pay a sanction in the sum of $100 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, Cheven, Keely & Hatzis 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). Cheven, Keely & Hatzis, 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 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