| Lawler v City of New York |
| Motion No: 2013-06203 |
| Slip Opinion No: 2013 NY Slip Op 93789(U) |
| Decided on December 11, 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
M166641
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2013-06203 Sarabeth Lawler, et al., respondents, v City of New York, et al., appellants. (Index No. 27004/09)
| DECISION & ORDER ON MOTION |
The defendants having appealed to this Court from an order of the Supreme Court, Kings County, dated March 25, 2013, this Court noticed the matter for a CAMP conference on September 30, 2013, and a claims representative of the insurance carrier for the appellants failed to appear at the conference without excuse. By order to show cause dated November 1, 2013, 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 Cerussi & Spring, counsel for the appellants.
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, Cerussi & Spring, counsel for the appellants, 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, Cerussi & Spring, counsel for the appellants, shall file proof of payment with the Clerk of this Court.
The designated Judicial Hearing Officer at the CAMP conference directed all counsel to attend with clients, which included a claims representative for the appellants' insurance carrier. Cerussi & Spring, counsel for the appellants, failed to insure that a claims representative for the appellants' insurance carrier 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., BALKIN, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court