| Santillan v Capital One Bank |
| Motion No: 2016-13159 |
| Slip Opinion No: 2017 NY Slip Op 77455(U) |
| Decided on June 19, 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
M232850
E/ct
JOHN M. LEVENTHAL, J.P.
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2016-13159 Patricia Santillan, plaintiff-respondent, v Capital One Bank, defendant-respondent, CBRE, Inc., appellant. (Index No. 1558/14)
| DECISION & ORDER ON MOTION |
The defendant CBRE, Inc., having appealed to this Court from an order of the Supreme Court, Queens County, entered October 27, 2016, this Court noticed the matter for a CAMP conference on March 23, 2017, and counsel for the plaintiff-respondent failed to appear at the conference without excuse. By order to show cause dated April 7, 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 Krentsel & Guzman, LLP, counsel for the plaintiff-respondent.
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, Krentsel & Guzman, LLP, counsel for the plaintiff-respondent, 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, Krentsel & Guzman, LLP, 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." Krentsel & Guzman, LLP, counsel for the plaintiff-respondent, failed to 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]).
LEVENTHAL, J.P., HALL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court