Appellate Division: Second Judicial Department

M144164

E/sl

RUTH C. BALKIN, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2012-00953 Hector Huaman, respondent, v Marie Veronica Tierney, appellant, et al., defendant. (Index No. 10-10255)

DECISION & ORDER ON MOTION

Marie Veronica Tierney having appealed to this Court from an order of the Supreme Court, Westchester County, entered January 6, 2012, this Court noticed the matter for a CAMP conference on August 1, 2012, and a claims representative for the appellant failed to appear at the conference without excuse. By order to show cause dated August 15, 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 Penino & Moynihan, LLP, counsel for the appellant.

Now, upon the order to show cause and the papers 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, Penino & Moynihan, LLP, counsel for the appellant, 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 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, Penino & Moynihan, LLP, counsel for the appellant, 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 appellant's insurance carrier. Penino & Moynihan, LLP, counsel for the appellant, failed to insure that a claims representative for the appellant'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 is appropriate (see 22 NYCRR 670.4[b][2]).

BALKIN, J.P., BELEN, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court