Appellate Division: Second Judicial Department

M190295

S/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2014-08077 Keron P. Walker, et al., plaintiffs-respondents, Tangari T. Walker, appellant, v Total Turf, Inc., et al., defendants-respondents. (Index No. 54601/12)

DECISION & ORDER ON MOTION

The plaintiff Tangari T. Walker having appealed to this Court from an order of the Supreme Court, Westchester County, dated July 2, 2014, and this Court having noticed the matter for a CAMP conference on January 21, 2015, and a claims representative of the insurance carrier for the appellant, as well as the plaintiffs-respondents' attorney and the plaintiffs-respondents, having failed to appear at the conference without excuse. By decision and order on motion of this Court dated March 3, 2015, 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 Law Offices of Craig P. Curcio, counsel for the appellant, and Grant & Longworth, LLP, counsel for the plaintiffs-respondents.

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, Law Offices of Craig P. Curcio, counsel for the appellant, 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 within 20 days of service upon it of a copy of this decision and order on motion, Grant & Longworth, LLP, counsel for the plaintiffs-respondents, 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 sanctions, Law Offices of Craig P. Curcio and Grant & Longworth, LLP, shall file proof of payment with the Clerk of this Court.

Pursuant to 22 NYCRR 670.4(b)(2), "[a]ny attorney or party who, without good cause, fails to appear for a regularly scheduled preargument conference . . . shall be subject to the imposition of such costs and/or sanctions as the [C]ourt may direct." Law Offices of Craig P. Curcio, counsel for the appellant, failed to ensure that a claims representative of the insurance carrier appear for a regularly scheduled CAMP conference, without good cause. In addition, Grant & Longworth, LLP, counsel for the plaintiffs-respondents, failed to appear at the CAMP conference and failed to ensure that the plaintiffs-respondents appear at the conference, without good cause. Accordingly, we determine that sanctions in the amounts set forth above are appropriate (see 22 NYCRR 670.4[b][2]).

DILLON, J.P., DICKERSON, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court