Appellate Division: Second Judicial Department

M130906

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-06810 Vera Fick, appellant, v Rhumb Line Restaurant, respondent. (Index No. 21874/08)

DECISION & ORDER ON MOTION

The plaintiff, Vera Fick, having appealed to this Court from an order of the Supreme Court, Nassau County, entered June 21, 2011, this Court noticed the matter for a CAMP conference on October 26, 2011, and Vera Fick and a claims representative for the insurance carrier for Rhumb Line Restaurant failed to appear at the conference without excuse. By order to show cause dated November 3, 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 Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP, counsel for Vera Fick, and McCabe Collins McGeough & Fowler, LLP, counsel for Rhumb Line Restaurant.

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

ORDERED that the branch of the motion which is to impose a sanction upon Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP, counsel for Vera Fick, is denied; and it is further,

ORDERED that the branch of the motion which is to impose a sanction upon McCabe Collins McGeough & Fowler, LLP, counsel for Rhumb Line Restaurant, is granted, and within 20 days of service upon it of a copy of this decision and order on motion, McCabe Collins McGeough & Fowler, LLP, counsel for Rhumb Line Restaurant, is directed to pay a sanction in the sum of $150 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 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, McCabe Collins McGeough & Fowler, 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, which included a claims representative for the respondent's insurance carrier, in a notice to the parties pursuant to 22 NYCRR 670.4(b)(1). McCabe Collins McGeough & Fowler, LLP, counsel for Rhumb Line Restaurant, failed to insure that a claims representative for the respondent's 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 McCabe Collins McGeough & Fowler, LLP, counsel for Rhumb Line Restaurant, is appropriate (see 22 NYCRR 670.4[b][2]). However, under the circumstances, sanctions are not warranted against Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP, counsel for Vera Fick.

DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court