Preview
FILED: NEW YORK COUNTY CLERK 10/17/2019 11:19 AM INDEX NO. 151221/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------X
BRENDAN SULLIVAN,
STIPULATION TO
Plaintiff, WITHDRAW MOTION
-against-
Index No. 151221/2018
Judge Frank P. Nervo
CITY OF NEW YORK, METROPOLITAN
TRANSPORTATION AUTHORITY, THE NEW YORK CITY
TRANSIT AUTHORITY, METROPOLITAN TRANSIT
AUTHORITY (CAPITAL CONSTRUCTION COMPANY) and
TUTOR PERINI BUILDING CORP.,
Defendants.
------------------ X
IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the
respective parties to the above-captioned matter, that the motion to vacate the plaintiff's Note of
Issue and Certificate of Readiness retüniable on October 21, 2019, at Supreme Court, County of
New York, before Frank P. Nervo, in Room 130 is withdrawn.
IT IS FURTHER STIPULATED AND AGREED, that the plaintiff will provide
defendaiits with a duly executed Form 4506 with proper identification allowing the release of the
plaintiff's W-2 Wage and Earnings Statements and Income Tax Returns for the years 2013
through 2017 within 20 days.
IT IS FURTHER AGREED, that a facsimile will be deemed an original for all intents
and purposes.
Dated: New York, New York
October 16, 2019
SMITH MAZURE DIRECTOII WILKINS SACKS AND SAC P
YOUNG & YAGERMAN, P.C. 150 Broadway, 4th Floor
Attorneys for Defendants New York, NY 10038
City of New York, Metropolitsm Transportation (212) 964-5570/(212) 349-2141 (F)
Authority, MTA Capital Construction Attorney for Plaintiff
Company, sued erroneously as Metropolitan Brendan Sullivan
Transit Authority (Capital Construction
Company), New York City Transit Authority,
sued erroneously as The New York City Transit
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FILED: NEW YORK COUNTY CLERK 10/17/2019 11:19 AM INDEX NO. 151221/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/17/2019
Authority and Tutor Perini Building Corp., sued
and named erroneously
111 John Street
New York, NY 10038
(212) 964-7400
Our File No. LMG-00192
RJP/khs
410
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FILED: NEW YORK COUNTY CLERK 10/17/2019 11:19 AM INDEX NO. 151221/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------- --X INDEX NO. 151221/2018
BRENDAN SULLIVAN,
Plaintiff,
-against-
CITY OF NEW YORK, METROPOLITAN TRANSPORTATION AUTHORITY, THE NEW YORK CITY
TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY (CAPITAL CONSTRUCTION
COMPANY) and TUTOR PERINI BUILDING CORP.,
Defendants.
----- ---------------------------------X
STIPULATION TO WITHDRAW MOTION
SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C.
Attomays for Defendants
City of New York, M6trGpG||tâñTœëp9ñatier: MTA Capital Construction
Authority, Company, sued êrr0ñê0üsly
as Meiropolitan Transit
Authority (Capital Coñstecticñ
Company), New York City Transit Authority,
sued errer:éeüs!y as The New York City Transit Authority and Tutor
Perini Building Corp., sued and named erroneously
111 John Street
New York, NY 10038
(212) 964-7400
LMG-00192
CERTIFICATION PURSUANT TO 22 N.Y.CRR. §130-1.1a
Robert J. Paliseno to 22 N.Y.C.R.R.
hereby certifies that, pursuant Stin
the foregoing
§130-1.1a, letinn to Withdraw
Motion is not
frivolous nor frive!oudy
presented.
Dated: New York, New York Robert J. Paliseno
October 16, 2019
PLEASE TAKE NOTICE
that the within is a true copy of a entered in the office of the clerk of the within named Court on
that a of which the within is a true copy will be presented for sett|ament to the Hon. one of the judges of the within
named Court at , on at 9:30 a.m.
RJP/khs
410
3 of 3
Preview
FILED: NEW YORK COUNTY CLERK 10/17/2019 11:19 AM INDEX NO. 151221/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------X BRENDAN SULLIVAN, STIPULATION TO Plaintiff, WITHDRAW MOTION -against- Index No. 151221/2018 Judge Frank P. Nervo CITY OF NEW YORK, METROPOLITAN TRANSPORTATION AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY (CAPITAL CONSTRUCTION COMPANY) and TUTOR PERINI BUILDING CORP., Defendants. ------------------ X IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties to the above-captioned matter, that the motion to vacate the plaintiff's Note of Issue and Certificate of Readiness retüniable on October 21, 2019, at Supreme Court, County of New York, before Frank P. Nervo, in Room 130 is withdrawn. IT IS FURTHER STIPULATED AND AGREED, that the plaintiff will provide defendaiits with a duly executed Form 4506 with proper identification allowing the release of the plaintiff's W-2 Wage and Earnings Statements and Income Tax Returns for the years 2013 through 2017 within 20 days. IT IS FURTHER AGREED, that a facsimile will be deemed an original for all intents and purposes. Dated: New York, New York October 16, 2019 SMITH MAZURE DIRECTOII WILKINS SACKS AND SAC P YOUNG & YAGERMAN, P.C. 150 Broadway, 4th Floor Attorneys for Defendants New York, NY 10038 City of New York, Metropolitsm Transportation (212) 964-5570/(212) 349-2141 (F) Authority, MTA Capital Construction Attorney for Plaintiff Company, sued erroneously as Metropolitan Brendan Sullivan Transit Authority (Capital Construction Company), New York City Transit Authority, sued erroneously as The New York City Transit 1 of 3 FILED: NEW YORK COUNTY CLERK 10/17/2019 11:19 AM INDEX NO. 151221/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/17/2019 Authority and Tutor Perini Building Corp., sued and named erroneously 111 John Street New York, NY 10038 (212) 964-7400 Our File No. LMG-00192 RJP/khs 410 2 of 3 FILED: NEW YORK COUNTY CLERK 10/17/2019 11:19 AM INDEX NO. 151221/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------- --X INDEX NO. 151221/2018 BRENDAN SULLIVAN, Plaintiff, -against- CITY OF NEW YORK, METROPOLITAN TRANSPORTATION AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY (CAPITAL CONSTRUCTION COMPANY) and TUTOR PERINI BUILDING CORP., Defendants. ----- ---------------------------------X STIPULATION TO WITHDRAW MOTION SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attomays for Defendants City of New York, M6trGpG||tâñTœëp9ñatier: MTA Capital Construction Authority, Company, sued êrr0ñê0üsly as Meiropolitan Transit Authority (Capital Coñstecticñ Company), New York City Transit Authority, sued errer:éeüs!y as The New York City Transit Authority and Tutor Perini Building Corp., sued and named erroneously 111 John Street New York, NY 10038 (212) 964-7400 LMG-00192 CERTIFICATION PURSUANT TO 22 N.Y.CRR. §130-1.1a Robert J. Paliseno to 22 N.Y.C.R.R. hereby certifies that, pursuant Stin the foregoing §130-1.1a, letinn to Withdraw Motion is not frivolous nor frive!oudy presented. Dated: New York, New York Robert J. Paliseno October 16, 2019 PLEASE TAKE NOTICE that the within is a true copy of a entered in the office of the clerk of the within named Court on that a of which the within is a true copy will be presented for sett|ament to the Hon. one of the judges of the within named Court at , on at 9:30 a.m. RJP/khs 410 3 of 3