Appellate Division: Second Judicial Department

M171282

E/sl

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-07270 Christine Velez, appellant, v 1384 Victory Blvd. Realty, et al., respondents. (Index No. 100310/10)

DECISION & ORDER ON MOTION

The plaintiff having appealed to this Court from an order of the Supreme Court, Richmond County, dated May 8, 2013, this Court noticed the matter for a CAMP conference on November 21, 2013, and the appellant, as well as a claims representative of the insurance carrier for the respondents failed to appear at the conference without excuse. By order to show cause dated December 6, 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 Louis Mauriello, counsel for the appellant, and James J. Toomey, counsel for the respondents.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the branch of the motion which is to impose a sanction upon Louis Mauriello, counsel for the appellant, is denied; and it is further,

ORDERED that the branch of the motion which is to impose a sanction upon James J. Toomey, counsel for the respondents, is granted, and within 20 days of service upon him of a copy of this decision and order on motion, James J. Toomey 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, James J. Toomey shall file proof of payment with the Clerk of this Court.

The designated Judicial Hearing Officer at the CAMP conference directed respondents' counsel to attend with a claims representative for their insurance carrier. James J. Toomey failed to insure that a claims representative for the respondents' insurance carrier appear for a regularly scheduled CAMP conference, without good cause. Accordingly, we determine that a sanction in the amount set forth above against James J. Toomey is appropriate (see 22 NYCRR 670.4[b][2]). However, under the circumstances, sanctions are not warranted against Louis Mauriello.

AUSTIN, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court