Appellate Division: Second Judicial Department

M143010

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2012-02237 Zdzislaw Klimowicz, appellant, v Powell Cove Associates, LLC, et al., defendants third-party plaintiffs-respondents; Vinny Construction Corp., third-party defendant-respondent. (Index No. 16726/09)

ORDER TO SHOW CAUSE

The plaintiff having appealed to this Court from an order of the Supreme Court, Queens County, entered January 23, 2012, and this Court having noticed the matter for a CAMP conference on August 16, 2012, and John J. Nonnenmacher of Bader, Yakaitis & Nonnenmacher, LLP, counsel for the appellant, having 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 John J. Nonnenmacher of Bader, Yakaitis & Nonnenmacher, LLP, counsel for the appellant, 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 September 27, 2012; and it is further,

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

DILLON, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court