IN RE: Lawrence GURWITCH (1998)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Lawrence GURWITCH, etc., et al., Appellants, Pursuant to 22 NYCRR 130-2.1. The People of the State of New York, Plaintiff, v. Adolphus McPherson, Defendant.

Decided: December 17, 1998

Before NARDELLI, J.P., and WALLACH, RUBIN and WILLIAMS, JJ.

Steven B. Wasserman, for Appellants.

Order, Appellate Term of the State of New York, First Department (Parness, J.P., and Davis, J., McCooe, J., dissenting), entered September 15, 1997, which affirmed an order of the Criminal Court, Bronx County (Megan Tallmer, J.), entered on or about July 11, 1996, imposing a sanction of $50 upon appellant attorney for failure to timely appear at a scheduled hearing, unanimously affirmed, without costs.

The sanction was properly imposed after appellant was given a reasonable opportunity to explain why he did not telephone the court or arrange for another attorney to advise the court of his lateness (see, Matter of Marcus v. Bamberger, 180 A.D.2d 533, 580 N.Y.S.2d 256; cf., Matter of Walsh v. People, 206 A.D.2d 434, 614 N.Y.S.2d 441). There is no indication that appellant could have offered any justification for this failure at a formal hearing.

MEMORANDUM DECISION.

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