Appellate Division: Second Judicial Department

M263231

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)

DECISION & ORDER ON MOTION ellant, y

Gardiner & Theobald, Inc., having appealed, and Edwin Jovanny Lalvay and 437-51 West 13th Street, LLC, having separately cross appealed, to this Court from an order of the Supreme Court, Kings County, dated September 17, 2018, this Court noticed the matter for a CAMP conference on March 14, 2019, and a claims representative of the insurance carrier for Gardiner & Theobald, Inc., failed to appear at the conference without excuse. By order to show cause dated March 25, 2019, 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 670.3(c)(3) upon Zetlin & De Chiara, LLP, counsel for Gardiner & Theobald, Inc.

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, Zetlin & De Chiara, LLP, 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, Zetlin & De Chiara, LLP, shall file proof of payment with the Clerk of this Court.

The designated Judicial Hearing Officer at the CAMP conference directed Zetlin & De Chiara, LLP, to attend with a claims representative for the insurance carrier for Gardiner & Theobald, Inc. Zetlin & De Chiara, LLP, failed to insure that a claims representative for the insurance carrier for Gardiner & Theobald, Inc., 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 670.3[c][3]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court