Romer v. Middletown School District

OPINION OF THE COURT

David S. Ritter, J.

This case marks the first time since implementation of the Individual Assignment System (IAS) that I have declared a *47default, and stricken a party’s pleading, because of counsel’s failure to appear for trial scheduled more than two months earlier. Because I find counsel’s conduct in this case to be intentional and inexcusable, I conclude that the action taken was appropriate and necessary to further the intent of part 125, "Uniform Rules for the Engagement of Counsel” (22 NYCRR part 125), and in order to deter this type of conduct in the future.…