Appellate Division: Second Judicial Department

M185823

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2014-06035 Hyo Jin Yoon, et al., appellants, v Guang Chen, et al., respondents. (Index No. 25905/11)

DECISION & ORDER ON MOTION

The plaintiffs having appealed to this Court from an order of the Supreme Court, Queens County, entered April 14, 2014, this Court noticed the matter for a CAMP conference on October 28, 2014, and the appellants, 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 November 12, 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 Andrew Park, P.C., counsel for the appellants, and Mendolia & Stenz, counsel for the respondents at the time of the CAMP conference.

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 Andrew Park, P.C., counsel for the appellants, is denied; and it is further,

ORDERED that the branch of the motion which is to impose a sanction upon Mendolia & Stenz, counsel for the respondents at the time of the CAMP conference, is granted, and within 20 days of service upon them of a copy of this decision and order on motion, Mendolia & Stenz 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 as well as Mendolia & Stenz, 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, Mendolia & Stenz 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. Mendolia & Stenz 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 Mendolia & Stenz is appropriate (see 22 NYCRR 670.4[b][2]). However, under the circumstances, sanctions are not warranted against Andrew Park, P.C.

BALKIN, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court