DiMaggio v Bovis Lend Lease LMB, Inc.
Motion No: 2013-01278
Slip Opinion No: 2013 NY Slip Op 71437(U)
Decided on April 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M155113

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2013-01278

Salvatore DiMaggio, et al., plaintiffs-respondents,

v Bovis Lend Lease LMB, Inc., et al., defendants-

respondents, Plaza Construction Corp., et al.,

defendants third-party plaintiffs-appellants; Sorbara

Construction Corp., third-party-defendant-respondent.

(Index No. 25329/08)

ORDER TO SHOW CAUSE

The defendants third-party plaintiffs having appealed to this Court from an order of the Supreme Court, Kings County, dated November 29, 2012, and this Court having noticed the matter for a CAMP conference on April 10, 2013, and counsel for the appellants having failed to appear at the conference without excuse.

Now, on the Court's own motion, it is

ORDERED that the parties or their attorneys are 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 Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, counsel for the appellants, by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and by serving one copy of the same on all parties to the action on or before May 14, 2013; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon counsel for all parties by regular mail.

RIVERA, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court