Appellate Division: Second Judicial Department

M174442

J/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2013-08799 Carlos Enrique Cano, appellant, v Mid Va Oil Company, Inc., et al., defendants third- plaintiffs, Drake Petroleum Company, Inc. third-party plaintiff-respondent; Adventura Construction Services., third-party defenda (Action No. 1) Carlos Enrique Cano, appellant, v Warex Terminals Corporation, respondent. (Action No. 2) (Index Nos. 28242/05, 36045/07)

DECISION & ORDER ON MOTION lley party , defendant nt.

Carlos Enrique Cano having appealed to this Court from an order of the Supreme Court, Suffolk County, dated July 1, 2013, this Court noticed the matter for a CAMP conference on March 3, 2014, and the following failed to appear at the conference without excuse: Carlos Enrique Cano; a claims representative of the insurance carrier for Mid Valley Oil Company, Inc., Mobil Oil Corporation, Drake Petroleum Company, Inc., and Warex Terminals Corporation; and a claims representative of the insurance carrier for Adventura Construction Services. By order to show cause dated March 27, 2014, 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 (1) Keith D. Silverstein & Associates, P.C., counsel for Carlos Enrique Cano, (2) Boeggeman, George & Corde, P.C., counsel for Mid Valley Oil Company, Inc., Mobil Oil Corporation, Drake Petroleum Company, Inc., and Warex Terminals Corporation, and/or (3) Quirk & Bakalor, counsel for Adventura Construction Services.

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

ORDERED that the motion to impose sanctions upon counsel is denied.

Under the circumstances, sanctions are unwarranted.

BALKIN, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court