Appellate Division: Second Judicial Department

M131906

J/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2011-05408 Laura Mitchell, et al., respondents, v Byron Lopez, appellant, et al., defendants. (Index No. 28214/09)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated October 31, 2011, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

The defendant Byron Lopez having appealed to this Court from an order of the Supreme Court, Queens County, dated April 1, 2011, and this Court having noticed the matter for a CAMP conference on October 5, 2011, and the respondents failed to appear at the conference without excuse, and the claims representatives of the insurance carriers for the appellant and the defendant also failed to appear at the conference without excuse.

Now, on the Court's own motion, it is

ORDERED that the parties or their attorneys 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 Nancy L. Isserlis, counsel for the defendant-appellant, Sim & Park, LLP, counsel for the plaintiffs-respondents, and Kaplan McCarthy, LLP, counsel for the remaining defendants, or upon the parties individually, by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on all parties to the action on or before February 9, 2012; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this decision and order on motion containing an order to show cause upon counsel for all parties by regular mail.

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court