Appellate Division: Second Judicial Department

M130507

E/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

The defendant Byron Lopez having appealed to this Court from an order of the Supreme Court, Queens County, dated April 1, 2011, this Court 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. By decision and order on motion dated January 19, 2012, the parties or their attorneys 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 Nancy L. Isserlis, counsel for the appellant, Sim & Park, LLP, counsel for the respondents, and Kaplan McCarthy, LLP, counsel for the defendants, or upon the parties individually.

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 Nancy L. Isserlis, counsel for the appellant, is granted, and within 20 days of service upon her of a copy of this decision and order on motion, Nancy L. Isserlis 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 branch of the motion which is to impose a sanction upon Sim & Park, LLP, counsel for the respondents, is granted, and within 20 days of service upon it of a copy of this decision and order on motion, Sim & Park, LLP, 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 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, Nancy L. Isserlis, and Sim & Park, LLP, shall file proof of payment with the Clerk of this Court.

Pursuant to 22 NYCRR 670.4(b)(2), "[a]ny attorney or party 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." Moreover, in a notice to the parties pursuant to 22 NYCRR 670.4(b)(1), the designated Judicial Hearing Officer at the CAMP conference directed all counsel "to attend with clients, which include representatives of insurers." Nancy L. Isserlis, counsel for the appellant, failed to insure that a claims representative for the appellants' insurance carrier appear for a regularly scheduled CAMP conference, without good cause, and Sim & Park, LLP, counsel for the respondents, failed to insure that its clients appear for a regularly scheduled CAMP conference, without good cause. Accordingly, we determine that sanctions in the amounts set forth above are appropriate (see 22 NYCRR 670.4[b][2]). However, under the circumstances, sanctions are not warranted against Kaplan McCarthy, LLP, counsel for the defendants.

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

ENTER:

Aprilanne Agostino

Clerk of the Court