Appellate Division: Second Judicial Department

M129982

E/ct

RUTH C. BALKIN, J.P.

RANDALL T. ENG

SANDRA L. SGROI

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)

DECISION & ORDER ON MOTION

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

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

ORDERED that the motion is granted to the extent that within 20 days of service upon it of a copy of this decision and order on motion, Goldstein & Metzger, LLP, counsel for the plaintiff-respondent, 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 the motion is otherwise denied; and it is further,

ORDERED that the Clerk of this Court, or her 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, Goldstein & Metzger, LLP, 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, in a notice to the parties pursuant to 22 NYCRR 670.4(b)(1). Goldstein & Metzger, LLP, counsel for the plaintiff-respondent failed to insure that its client appeared 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]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court