| Klimowicz v Powell Cove Associates, LLC |
| Motion No: 2012-02237 |
| Slip Opinion No: 2012 NY Slip Op 89120(U) |
| Decided on October 26, 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. |
Appellate Division: Second Judicial Department
M145662
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)
| DECISION & ORDER ON MOTION |
The plaintiff having appealed to this Court from an order of the Supreme Court, Queens County, entered January 23, 2012, this Court noticed the matter for a CAMP conference on August 16, 2012, and John J. Nonnenmacher of Bader, Yakaitis & Nonnenmacher, LLP, counsel for the appellant, 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 John J. Nonnenmacher of Bader, Yakaitis & Nonnenmacher, LLP, counsel for the appellant.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion pursuant to 22 NYCRR 670.4(b)(2) is denied.
Under the circumstances, sanctions are unwarranted.
DILLON, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court