Appellate Division: Second Judicial Department

M261326

E/mm

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2018-15002 Edwin Jovanny Lalvay, etc., plaintiff-respondent-app v 437-51 West 13th Street, LLC, defendant third-part plaintiff-respondent-appellant, et al., defendant; Gardiner & Theobald, Inc., third-party defendant- appellant-respondent. (Index No. 3293/12)

ORDER TO SHOW CAUSE ellant, y

Gardiner & Theobald, Inc., having appealed, and Edwin Jovanny Lalvay and 437-51 West 13th Street LLC, having cross appealed, to this Court from an order of the Supreme Court, Kings County, dated September 17, 2018, and this Court having noticed the matter for a CAMP conference on March 14, 2019, and a claims representative of the insurance carrier for Gardiner & Theobald, Inc., having failed to appear at the conference without excuse.

Now, on the Court's own motion, it is

ORDERED that the parties are 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 670.3(c)(3) upon Zetlin & De Chiara, LLP, counsel for Gardiner & Theobald, Inc., by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and by serving one copy of the same on all parties to the action on or before April 15, 2019; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon counsel for all parties by regular mail.

DILLON, J.P., BALKIN, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court