Prudence v Wright
Motion No: 2011-02552
Slip Opinion No: 2012 NY Slip Op 75948(U)
Decided on June 12, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M138927

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2011-02552

Erzulie Prudence, respondent,

v Elizabeth V. Wright, appellant.

(Index No. 1065/09)

DECISION & ORDER ON MOTION

The defendant, Elizabeth V. Wright, having appealed from an order of the Supreme Court, Kings County, dated February 8, 2011, this Court noticed the matter for a CAMP conference on June 20, 2011, and Elizabeth V. Wright failed to appear at the conference without excuse. By order to show cause dated May 11, 2012, counsel for the parties and/or 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 Elizabeth V. Wright.

Now, upon the order to show cause and no papers having been 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, Elizabeth V. Wright 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 Clerk of this Court, or her designee, is directed to serve Elizabeth V. Wright and counsel for the respondent 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, Elizabeth V. Wright shall file proof of payment with the Clerk of this Court.

Pursuant to 22 NYCRR 670.4(b)(2), "[a]ny . . . 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." Elizabeth V. Wright failed to 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]).

SKELOS, J.P., ENG, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court