Appellate Division: Second Judicial Department

M192793

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2015-00174 Richard J. Palumbo, appellant, v Transit Technologies, LLC, et al., respondents. (Index No. 26485/11)

DECISION & ORDER ON MOTION

The plaintiff having appealed to this Court from an order of the Supreme Court, Queens County, entered October 14, 2014, this Court noticed the matter for a CAMP conference on March 26, 2015, 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 April 13, 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 Brody, O'Connor & O'Connor, counsel for the appellant, and Landman, Corsi, Ballaine & Ford, P.C., counsel for the 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, Brody, O'Connor & O'Connor, 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, Landman, Corsi, Ballaine & Ford, P.C., counsel for the 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, Brody, O'Connor & O'Connor and Landman, Corsi, Ballaine & Ford, P.C., 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." Brody, O'Connor & O'Connor, counsel for the appellant, failed to ensure that the appellant appear for a regularly scheduled CAMP conference, without good cause. In addition, Landman, Corsi, Ballaine & Ford, P.C., counsel for the respondents, failed to ensure that a claims representative of the insurance carrier for the 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]).

ENG, P.J., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court