Appellate Division: Second Judicial Department

M228237

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2016-10006 Anthony Hodge, et al., appellants, v Kendrick L. St. Eloi, et al., respondents. (Index No. 21238/13)

DECISION & ORDER ON MOTION

The plaintiffs having appealed to this Court from an order of the Supreme Court, Kings County, dated August 12, 2016, this Court noticed the matter for a CAMP conference on December 20, 2016, and the appellants failed to appear at the conference without excuse. By order to show cause dated January 11, 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 William Schwitzer & Associates, P.C., counsel for the appellants.

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, William Schwitzer & Associates, P.C., 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 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, William Schwitzer & Associates, 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." William Schwitzer & Associates, P.C., counsel for the appellants, failed to ensure that the appellants 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., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court