MATTER OF GURWITCH

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; cf., Matter of Walsh v. People, 206 A.D.2d 434). There is no indication that appellant could have offered any justification for this failure at a formal hearing.

Concur — Nardelli, J. P., Wallach, Rubin and Williams, JJ. [ See, 174 Misc.2d 948.]