Canongo v City of New York
Motion No: 2014-04670
Slip Opinion No: 2014 NY Slip Op 91777(U)
Decided on December 4, 2014
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

M183482

E/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2014-04670

Epifanio Canongo, respondent,

v City of New York, et al., defendants,

Defoe Corp., appellant.

(Index No. 22728/09)

DECISION & ORDER ON MOTION

The defendant Defoe Corp. appealed to this Court from an order of the Supreme Court, Kings County, dated April 9, 2014, this Court noticed the matter for a CAMP conference on September 17, 2014, and a claims representative of the insurance carrier for the defendant Edward Chiu failed to appear at the conference without excuse. By order to show cause dated October 10, 2014, the parties 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 Novins O'Leary & Associates, counsel for the defendant Edward Chiu.

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

ORDERED that the motion to impose a sanction upon Novins O'Leary & Associates is denied.

Under the circumstances, sanctions are unwarranted.

DICKERSON, J.P., LEVENTHAL, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court