Appellate Division: Second Judicial Department

M219704

E/afa

MARK C. DILLON, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2016-03773 Roni Pelaez, plaintiff-respondent, v City of New York, defendant third-party plaintiff-appellant; B & N & K Restoration Co., Inc., third-party defendant-respondent. (Index No. 14964/12)

DECISION & ORDER ON MOTION

The defendant third-party plaintiff having appealed to this Court from an order of the Supreme Court, Queens County, entered February 19, 2016, this Court noticed the matter for a CAMP conference on August 10, 2016, and the attorneys for the parties failed to appear at the conference without excuse. By order to show cause dated August 18, 2016, 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 Gorayeb & Associates, P.C., counsel for the plaintiff-respondent, Schnader, Harrison, Segal & Lewis, LLP, counsel for the defendant third-party plaintiff-appellant, and Westermann, Sheehy, Keenan, Samaan & Aydelott, LLP, counsel for the third-party defendant-respondent.

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

ORDERED that the motion to impose sanctions upon Gorayeb & Associates, P.C., Schnader, Harrison, Segal & Lewis, LLP, and Westermann, Sheehy, Keenan, Samaan & Aydelott, LLP, is denied.

Under the circumstances, sanctions are unwarranted.

DILLON, J.P., ROMAN, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court