Wells Fargo Bank v. Hablow

• Decision Date: 07 December 2022
• Docket Number: Motion Nos. 2021-06806,2021-06808,Index No. 2871/2016
• Citation: 2022 NY Slip Op 75303 (U)
• Parties: Wells Fargo Bank, N.A., respondent, v. Karin E. Hablow, etc., et al., defendants, Beila Paneth, etc., appellant. Wells Fargo Bank, N.A., respondent, v. Karin E. Hablow, etc., et al., defendants, Beila Paneth, etc., appellant.
• Court: New York Supreme Court — Appellate Division

2022 NY Slip Op 75303(U)

Wells Fargo Bank, N.A., respondent, v. Karin E. Hablow, etc., et al., defendants, Beila Paneth, etc., appellant.

Wells Fargo Bank, N.A., respondent, v. Karin E. Hablow, etc., et al., defendants, Beila Paneth, etc., appellant.

Motion Nos. 2021-06806, 2021-06808, Index No. 2871/2016

Supreme Court of New York, Second Department

December 7, 2022

Unpublished Opinion

MOTION DECISION

COLLEEN D. DUFFY, J.P. REINALDO E. RIVERA LINDA CHRISTOPHER HELEN VOUTSINAS, JJ.

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Orange County, both dated July 14, 2021. This Court noticed the matter for a CAMP conference on March 2, 2022, and the respondent failed to appear at the conference without excuse. By order to show cause dated April 1, 2022, 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 Gross Polowy, LLC, counsel for the respondent.

Now, upon the order to show cause and the papers 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, Gross Polowy, LLC, counsel for the 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 uploading this order to the NYSCEF system; and it is further, ORDERED that within 10 days after payment of the sanction, Gross Polowy, LLC, shall file proof of payment with the Clerk of this Court, by uploading proof of payment on the NYSCEF system.

Pursuant to 22 NYCRR 670.3(c)(3), "[a]ny attorney or party who, without good cause shown, fails to appear for a regularly scheduled pre-perfection conference... shall be subject to the imposition of such costs and/or sanctions as the [C]ourt may direct." Gross Polowy, LLC, which was then counsel of record for the 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 670.3[c][3]).

DUFFY, J.P., RIVERA, CHRISTOPHER and VOUTSINAS, JJ., concur.