D. (Anonymous) v Damato
Motion No: 2012-03497
Slip Opinion No: 2012 NY Slip Op 88196(U)
Decided on October 22, 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

M145296

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-03497

Gina D. (Anonymous), etc., et al., respondents,

v Roberta Damato, et al., appellants.

(Index No. 09-1604)

DECISION & ORDER ON MOTION

The defendants having appealed to this Court from an order of the Supreme Court, Westchester County, entered February 23, 2012, this Court noticed the matter for a CAMP conference on August 9, 2012, and the respondents failed to appear at the conference without excuse. By order to show cause dated September 5, 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 Raymond B. Schwartzberg, counsel for the respondents.

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, Raymond B. Schwartzberg 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, Raymond B. Schwartzberg 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." Raymond B. Schwartzberg, counsel for the respondents, failed to insure that his clients 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]).

DICKERSON, J.P., CHAMBERS, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court