Appellate Division: Second Judicial Department

M144903

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-03773 Joseph P. Saldanha, appellant, v Pratima Saldanha, respondent. (Index No. 202434/09)

DECISION & ORDER ON MOTION

The plaintiff having appealed to this Court from an order of the Supreme Court, Nassau County, dated February 23, 2012, this Court noticed the matter for a CAMP conference on July 26, 2012, and counsel for the appellant and the appellant failed to appear at the conference without excuse. By order to show cause dated August 6, 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 Beatrice Earle-Dei, counsel for the appellant, and upon the appellant.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted to extent that within 20 days of service upon her of a copy of this decision and order on motion, Beatrice Earle-Dei 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 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, Beatrice Earle-Dei 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." Beatrice Earle-Dei, counsel for the appellant, failed to appear and failed to insure that the appellant 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., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court