Appellate Division: Second Judicial Department

M225544

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-06224 Antonio Gonzalez, et al., appellants, v Fernando Alvarez, et al., defendants, Eugen Cristea, respondent. (Index No. 5353/13)

DECISION & ORDER ON MOTION

The plaintiffs having appealed to this Court from an order of the Supreme Court, Kings County, dated February 10, 2016, this Court noticed the matter for a CAMP conference on October 20, 2016, and the appellants, as well as a claims representative of the insurance carrier for the respondent, Eugen Cristea, failed to appear at the conference without excuse. By order to show cause dated November 17, 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 Harmon, Linder & Rogowsky, counsel for the appellants, and Curtis, Vasile, Mehary & Dorry, P.C., counsel for the respondent, Eugen Cristea.

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, Harmon, Linder & Rogowsky, counsel for the appellants, 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, Curtis, Vasile, Mehary & Dorry, P.C., counsel for the respondent, Eugen Cristea, 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, Harmon, Linder & Rogowsky and Curtis, Vasile, Mehary & Dorry, 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." Harmon, Linder & Rogowsky, counsel for the appellants, failed to ensure that the appellants appear for a regularly scheduled CAMP conference, without good cause. In addition, the designated Judicial Hearing Officer at the Camp conference directed counsel to attend with a claims representative of the insurance carrier for the respondent, Eugen Cristea. Curtis, Vasile, Mehary & Dorry, P.C., counsel for the respondent, Eugen Cristea, failed to ensure that a claims representative of the insurance carrier for the respondent, Eugen Cristea, 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., DILLON, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court