| Slattery v Sachem North High School |
| Motion No: 2012-06246 |
| Slip Opinion No: 2013 NY Slip Op 67865(U) |
| Decided on March 20, 2013 |
| 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
M153356
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
ROBERT J. MILLER
SYLVIA HINDS-RADIX, JJ.
|
2012-06246 Laura Slattery, respondent, v Sachem North High School, et al., appellants. (Index No. 16734/10)
| DECISION & ORDER ON MOTION |
The defendants having appealed to this Court from an order of the Supreme Court, Suffolk County, entered May 29, 2012, this Court noticed the matter for a CAMP conference on December 12, 2012, and the respondent failed to appear at the conference without excuse. By order to show cause dated December 27, 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 Cohen & Jaffe, LLP, counsel for the respondent.
Now, upon the order to show cause and no papers having been 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, Cohen & Jaffe, LLP, 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, Cohen & Jaffe, LLP, 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." Cohen & Jaffe, LLP, counsel for the respondent, failed to insure that its client 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]).
ANGIOLILLO, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court