| Nelson v AMF Bowling Centers, Inc. |
| Motion No: 2019-10365 |
| Slip Opinion No: 2020 NY Slip Op 72748(U) |
| Decided on October 9, 2020 |
| 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
M273201
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
LINDA CHRISTOPHER, JJ.
|
2019-10365 Judi Nelson, appellant, v AMF Bowling Centers, Inc., respondent. (Index No. 604926/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated August 5, 2019. This Court noticed the matter for a CAMP conference on February 26, 2020, and the appellant failed to appear at the conference without excuse. By order to show cause dated March 11, 2020, the parties and counsel 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 Kujawski & Kujawski, counsel for the appellant.
Now, upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that within 30 days of service upon it of a copy of this decision and order on motion, Kujawski & Kujawski, counsel for the appellant, 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 uploading this order to the NYSCEF system; and it is further,
ORDERED that within 10 days after payment of the sanction, Kujawski & Kujawski, shall file proof of payment with the Clerk of this Court, by uploading proof of payment on the NYSCEF system.
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." Kujawski & Kujawski, counsel for the appellant, failed to insure that the appellant 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., BALKIN, CHAMBERS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court