ERIC F. BORQUIST res, v. HYDE PARK CENTRAL SCHOOL DISTRICT, ET AL., ap
ERIC F. BORQUIST res, v. HYDE PARK CENTRAL SCHOOL DISTRICT, ET AL., ap — The defendants having appealed to this Court from an order of the Supreme Court, Dutchess County, dated June 13, 2012, this Court noticed the matter for a CAMP conference on November 26, 2012, and the respondents failed to appear at the conference without excuse. By order to show cause dated December 6, 2012, the parties or their attorneys 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 O'Neil & Burke, LLP, counsel for the respondents.
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, O'Neil & Burke, LLP is directed to pay a sanction in the sum of $100 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, O'Neil & Burke, 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." O'Neil & Burke, LLP, counsel for the respondents, failed to insure that its client 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]).
DILLON, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.