| Burns v Linden Street Realty, LLC |
| Motion No: 2016-06722 |
| Slip Opinion No: 2017 NY Slip Op 68695(U) |
| Decided on March 28, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M228238
E/sl
MARK C. DILLON, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2016-06722 Catralsa Burns, respondent, v Linden Street Realty, LLC, appellant. (Index No. 773/13)
| DECISION & ORDER ON MOTION |
Linden Street Realty, LLC, having appealed to this Court from an order of the Supreme Court, Kings County, dated May 6, 2016, this Court noticed the matter for a CAMP conference on November 21, 2016, and a claims representative of the insurance carrier for the appellant failed to appear at the conference without excuse. By order to show cause dated January 9, 2017, 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 Jeffrey Kim, P.C., counsel for the appellant.
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, Jeffrey Kim, P.C., 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 sanction, Jeffrey Kim, P.C., shall file proof of payment with the Clerk of this Court.
The designated Judicial Hearing Officer at the CAMP conference directed appellant's counsel to attend with a claims representative for the appellant's insurance carrier. Jeffrey Kim, P.C., failed to insure that a claims representative for the appellant's insurance carrier appear for a regularly scheduled CAMP conference, without good cause. Accordingly, we determine that a sanction in the amount set forth above is appropriate (see 22 NYCRR 670.4[b][2]).
DILLON, J.P., MILLER, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court