Preview
FILED: DUTCHESS COUNTY CLERK 10/13/2022 04:36 PM INDEX NO. 2021-55036
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022
Angela DiBiasi
Chambers of
Principal Court Attorney
Christie L. D'Alessio Debra Trevorah
Supreme Court Justice Principal Secretary
Robyn A. Henke
Senior Court Clerk
DUTCHESS COUNTY SUPREME COURT
10 Market Street
Poughkeepsie, NY 12601
(845) 431-1814 / (212) 266-9526 (FAX)
October 13, 2022
TO: Brigate± folnAdh- Egb.
RE: L'aUntelitel-- vs. D'avetan P t Ca , Gi42 ef-tAl
INDEX NUMBER: 020?-1 --.531) 3 Le
This action has been assigned to the Honorable Christie L. D'Alessio. A virtual
preliminary conference will be held pursuant to 22 N.Y.C.R.R. § 202.12 before the court on
November 28, 2022 at 9:45 AM via Microsoft Teams.
The Court directs that you KINDLY NOTIFY ALL PARTIES of the conference date by
forwarding a copy of this notice and enclosures. Please forward a copy of the notification letter
to me.
Enclosed is a Preliminary Conference Stipulation Order. If all parties sign the completed
form and it is returned before the date of the preliminary conference, the stipulation shall be "SO
ORDERED" by the Court and appearances will not be required at the preliminary conference. If
you send the completed stipulation to the Court, please include a self-addressed stamped
envelope so a copy of the stipulation can be returned to you after it has been "SO ORDERED".
IF THE STIPULATION IS NOT RETURNED SIGNED BY ALL PARTIES,
THE PARTIES MUST APPEAR AT THE VIRTUAL CONFERENCE.
BY DIRECTION OF THE COURT
4.64palakfrt-tt
Robyn A. Henke, Court Clerk (845) 431-1724 Email:rahenke@nycourts.gov
COUNSEL ARE DIRECTED TO USE THIS STIPULATION FOR DISCOVERY ISSUES AND
DATES TO OBVIATE THE NECESSITY OF A COURT APPEARANCE.
IF THE STIPULATION IS NOT FILLED OUT AND RETURNED, COUNSEL SHOULD BE
PREPARED TO INFORM THE COURT OF REASONS AT THE APPEARANCE.
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022
Parties may avoid an appearance by completing and submitting this form 3 business days before the
scheduled preliminary conference date. This form may be uploaded to NYSCEF. In a non-NYSCEF matter,
or where a party has opted out of NYSCEF, it may be sent by mail, Fax to (212) 266-9526 or email 9JD-
JudeeDAlessio@nycourts.gov. Pursuant to 22 NYCRR §202.19, all disclosure must be completed within
8, 12 or 15 months in expedited, standard, and complex cases, respectively.
Actions that qualify for Presumptive APR may require an appearance (see page 2).
NOTE: For matrimonial cases use Matrimonial Preliminary Conference Stipulation/Order
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
PRESENT: HON. CHRISTIE L. D'ALESSIO
X
N avtil Latvia/ tla
Plaintiff(s),
PRELIMINARY
CONFERENCE
STIPULATION/ORDER
-aaainst-
D'Arcangm" Lco., LA-1), Index No.: d21:121- 550 3 tp
Defendant(s). Date RH Filed: 10'13'd-0i
X
It is hereby STIPULATED by and between all parties to the within action that disclosure shall
proceed and be completed as follows:
(1) Nature of Case:
DCM track: o Standard (12 mos.) o Complex (15 mos.) o Expedited (8 mos.)
Plaintiff(s) claims:
Defendant(s) claims/defense:
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FILED: DUTCHESS COUNTY CLERK 10/13/2022 04:36 PM INDEX NO. 2021-55036
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022
THIS ACTION MAY QUALIFY FOR PRESUMPTIVE APR
Please check any boxes that apply:
This is a personal injury action (includes motor vehicle accidents) involving
claim or $50,000.00 or less or there is no insurance
This is a collection case involving a claim of $50,000.00 or less
This is a breach of eentraetifetieditelated to-hoitie iiiiiirogententS tirateal-6tate
matter involving a claim of $50,000.00 or less
This is a subrogation action seeking recovery of $25,000.00 or less
This is a partition action •
The parties stipulate to early APR. '
Stipulations listing insurance amounts as "To Be Determined" and omitting other information
readily available shall be rejected by the Court.
Insurance Coverage:
Amount: $
Excess Amount (if any): $
If not yet provided, shall be disclosed in writing the existence and
contents of any insurance agreement as described in CPLR § 3101 (0 on or before
o N/A o Previously provided on:
Bill of Particulars:
a. A Demand for a Bill of Particulars shall be served by
on or before
b. A Bill of Particulars shall be served by
on or before
c. A Supplemental Bill of Particulars shall be served by
on or before
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022
4) Medical Records and Authorizations:
On or before , duly executed written authorization shall be
furnished by for the following:
Physician, and/or hospital, and/or autopsy records;
Employment records for the periods
No-Fault file;
Other (Specify)
Physical Examinations:
Physical examination (s) shall be held on or before
Pursuant to 22 NYCRR §202.17(b), at least 20 days before such examination,
copies of medical reports of physicians shall be served upon all parties.
A copy of the examining physician's report shall be furnished to all parties
within days of the examination.
Depositions:
a. Examinations before trial shall be conducted as follows (priority shall be in
accordance with CPLR §3106 unless otherwise agreed or ordered):
Plaintiff(s) shall appear for examination before trial at
On , at a.m./p.m. and shall produce all relevant books, papers,
records, and other material for use at the deposition, including
Defendant(s) shall appear for examination before trial at
On , at a.m./p.m. and shall produce all relevant books, papers,
records, and other material for use at the deposition, including
Attorneys seeking rulings on objections or making application for any other relief
pertaining to the depositions shall communicate with the Preliminary Conference
Part by email or telephone conference call for a determination and shall make no
motion in the absence of a conference with the Court and a good faith effort to
resolve the matter without unnecessary motion practice.
Once begun, a deposition shall continue until completed and shall not be adjourned
without further order of the Court, unless all parties agree that the adjournment of
such deposition does not delay or otherwise impede any party's ability to perform
or enforce any of the terms of this Stipulation.
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022
The transcript of an examination before trial shall be delivered to the party deposed
within forty-five (45) days of the deposition, and shall be returned, duly executed
thereafter pursuant to CPLR § 3116 (a).
Depositions of all parties shall be completed on or before
Depositions of all non-party witnesses shall be completed on or before
Post Deposition Discovery Demands shall be sewed by
Responses to Post Depositions Discovery demands shall be served by
NOTICE: The parties and their respective counsel are advised to comply with the
Uniform Rules of Conduct of Depositions and the applicable sections of the New York
State Civil Practice Law and Rules. Failure to do so may result in sanctions.
7) Other Disclosure:
On or before , all parties shall exchange names and addresses
of all witnesses, and shall exchange statements of opposing parties and photographs,
or if none, shall so state in writing.
All parties shall exchange information relating to expert witnesses in compliance
with CPLR §3101 and the governing case law.
Demands for Discovery and Inspection (CPLR §3120) shall be served on or before
All responses to Discovery and Inspection demands shall be served no later than
after receipt of the opposing party's demands.
Objections to disclosure, inspection or examination shall be made in conformity
with the provisions of CPLR §3122.
E Supplemental Demands for Discovery and Inspection may be served with respect to
items as to which the demanding party could not reasonably have demanded in such
party's prior Demand(s) for Discovery and Inspection, provided such Supplemental
Demands are served at least twenty (20) days (or if service is by mail twenty-five
[25] days) prior to the expiration of the time herein set forth for the completion of
disclosure. Responses to. such Supplemental Demands shall be served within the
time provided by CPLR §3120, except that objections to Supplemental Demands
shall be interposed sufficiently in advance of the time hereinafter set forth for the
completion of disclosure so as to permit the demanding party a reasonable time to
seek and obtain a conference with the Court with respect to such objections and to
request an extension of the time to complete disclosure.
All demands for production of books, documents, records and other writings
relevant to the issues in this case shall be deemed to include a demand for production
of any photograph, audiotape, videotape, computer disk or program and e-mail.
All Interrogatories shall be served on or before . Responses
shall be served in conformity with CPLR §3133.
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022
Failure to comply with the provisions of this section may result in sanctions, including the award
of legal fees, and other penalties.
End Date for All Disclosure:
Must be within 12 month, or 15 months for a complex case:
lin pleaders:
All third-party actions shall be commenced on or before
Joinder of a third-party action beyond this date without leave of Court may result in a
severance.
Compliance Conference:
a. A Compliance Conference to be held on January 12, 2022 at 9:45 a.m.
Note of Issue: shall file a Note of Issue/Certificate or Readiness
on or before
Motions: Any dispositive Summary Judgment Motion(s) shall be made within 60 days
of the filing of the Note of Issue.
All motions and answering papers are ordered to be filed directly with the
Dutchess County Clerk. No papers will be accepted by chambers without proof of
the filing fees having been paid.
The parties shall ensure that a stipulation of discontinuance shall be promptly filed if
the case settles before the next meeting with the Court.
All parties shall comply with this part's rules.
NOTICE: FAILURE TO COMPLY WITH THE NEW YORK STATE CIVIL
PROCEDURE LAW AND RULES, UNIFORM RULES OF THE SUPREME COURT,
THE INDIVIDUAL PART RULES OF JUSTICE CHRISTIE L. D'ALESSIO AND
THIS PRELIMINARY CONFERENCE ORDER MAY RESULT IN PRECLUSION OF
WITNESSES AND/OR EVIDENCE AT TRIAL, AND THE IMPOSITION OF
SANCTIONS.
The contents and provisions of the foregoing proposed stipulation are agreed to, and the
parties request that the Court order same.
All of the above is hereby stipulated to by the parties:
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FILED: DUTCHESS COUNTY CLERK 10/13/2022 04:36 PM INDEX NO. 2021-55036
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022
Attorneys for Plaintiff: Attorneys for Defendant:
(Print Name): (Print Name):
Signature: Signature:
Mailing Address: Mailing Address:
Phone/Facsimile Phone/Facsimile
E-Mail Address E-Mail Address
Attorneys for/orpro se party: Attorneys for/or pro se party:
(Print Name): (Print Name):
Signature: Signature:
Mailing Address: Mailing Address:
Phone/Facsimile Phone/Facsimile
E-Mail Address - E-Mail Address
Dated: Poughkeepsie, NY
, 2022
SO ORDERED:
HON. CHRISTIE L. D'ALESSIO J.S.C.
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Preview
FILED: DUTCHESS COUNTY CLERK 10/13/2022 04:36 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022 Angela DiBiasi Chambers of Principal Court Attorney Christie L. D'Alessio Debra Trevorah Supreme Court Justice Principal Secretary Robyn A. Henke Senior Court Clerk DUTCHESS COUNTY SUPREME COURT 10 Market Street Poughkeepsie, NY 12601 (845) 431-1814 / (212) 266-9526 (FAX) October 13, 2022 TO: Brigate± folnAdh- Egb. RE: L'aUntelitel-- vs. D'avetan P t Ca , Gi42 ef-tAl INDEX NUMBER: 020?-1 --.531) 3 Le This action has been assigned to the Honorable Christie L. D'Alessio. A virtual preliminary conference will be held pursuant to 22 N.Y.C.R.R. § 202.12 before the court on November 28, 2022 at 9:45 AM via Microsoft Teams. The Court directs that you KINDLY NOTIFY ALL PARTIES of the conference date by forwarding a copy of this notice and enclosures. Please forward a copy of the notification letter to me. Enclosed is a Preliminary Conference Stipulation Order. If all parties sign the completed form and it is returned before the date of the preliminary conference, the stipulation shall be "SO ORDERED" by the Court and appearances will not be required at the preliminary conference. If you send the completed stipulation to the Court, please include a self-addressed stamped envelope so a copy of the stipulation can be returned to you after it has been "SO ORDERED". IF THE STIPULATION IS NOT RETURNED SIGNED BY ALL PARTIES, THE PARTIES MUST APPEAR AT THE VIRTUAL CONFERENCE. BY DIRECTION OF THE COURT 4.64palakfrt-tt Robyn A. Henke, Court Clerk (845) 431-1724 Email:rahenke@nycourts.gov COUNSEL ARE DIRECTED TO USE THIS STIPULATION FOR DISCOVERY ISSUES AND DATES TO OBVIATE THE NECESSITY OF A COURT APPEARANCE. IF THE STIPULATION IS NOT FILLED OUT AND RETURNED, COUNSEL SHOULD BE PREPARED TO INFORM THE COURT OF REASONS AT THE APPEARANCE. 1 of 7 FILED: DUTCHESS COUNTY CLERK 10/13/2022 04:36 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022 Parties may avoid an appearance by completing and submitting this form 3 business days before the scheduled preliminary conference date. This form may be uploaded to NYSCEF. In a non-NYSCEF matter, or where a party has opted out of NYSCEF, it may be sent by mail, Fax to (212) 266-9526 or email 9JD- JudeeDAlessio@nycourts.gov. Pursuant to 22 NYCRR §202.19, all disclosure must be completed within 8, 12 or 15 months in expedited, standard, and complex cases, respectively. Actions that qualify for Presumptive APR may require an appearance (see page 2). NOTE: For matrimonial cases use Matrimonial Preliminary Conference Stipulation/Order SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS PRESENT: HON. CHRISTIE L. D'ALESSIO X N avtil Latvia/ tla Plaintiff(s), PRELIMINARY CONFERENCE STIPULATION/ORDER -aaainst- D'Arcangm" Lco., LA-1), Index No.: d21:121- 550 3 tp Defendant(s). Date RH Filed: 10'13'd-0i X It is hereby STIPULATED by and between all parties to the within action that disclosure shall proceed and be completed as follows: (1) Nature of Case: DCM track: o Standard (12 mos.) o Complex (15 mos.) o Expedited (8 mos.) Plaintiff(s) claims: Defendant(s) claims/defense: Page 1 of 6 2 of 7 FILED: DUTCHESS COUNTY CLERK 10/13/2022 04:36 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022 THIS ACTION MAY QUALIFY FOR PRESUMPTIVE APR Please check any boxes that apply: This is a personal injury action (includes motor vehicle accidents) involving claim or $50,000.00 or less or there is no insurance This is a collection case involving a claim of $50,000.00 or less This is a breach of eentraetifetieditelated to-hoitie iiiiiirogententS tirateal-6tate matter involving a claim of $50,000.00 or less This is a subrogation action seeking recovery of $25,000.00 or less This is a partition action • The parties stipulate to early APR. ' Stipulations listing insurance amounts as "To Be Determined" and omitting other information readily available shall be rejected by the Court. Insurance Coverage: Amount: $ Excess Amount (if any): $ If not yet provided, shall be disclosed in writing the existence and contents of any insurance agreement as described in CPLR § 3101 (0 on or before o N/A o Previously provided on: Bill of Particulars: a. A Demand for a Bill of Particulars shall be served by on or before b. A Bill of Particulars shall be served by on or before c. A Supplemental Bill of Particulars shall be served by on or before Page 2 of 6 3 of 7 FILED: DUTCHESS COUNTY CLERK 10/13/2022 04:36 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022 4) Medical Records and Authorizations: On or before , duly executed written authorization shall be furnished by for the following: Physician, and/or hospital, and/or autopsy records; Employment records for the periods No-Fault file; Other (Specify) Physical Examinations: Physical examination (s) shall be held on or before Pursuant to 22 NYCRR §202.17(b), at least 20 days before such examination, copies of medical reports of physicians shall be served upon all parties. A copy of the examining physician's report shall be furnished to all parties within days of the examination. Depositions: a. Examinations before trial shall be conducted as follows (priority shall be in accordance with CPLR §3106 unless otherwise agreed or ordered): Plaintiff(s) shall appear for examination before trial at On , at a.m./p.m. and shall produce all relevant books, papers, records, and other material for use at the deposition, including Defendant(s) shall appear for examination before trial at On , at a.m./p.m. and shall produce all relevant books, papers, records, and other material for use at the deposition, including Attorneys seeking rulings on objections or making application for any other relief pertaining to the depositions shall communicate with the Preliminary Conference Part by email or telephone conference call for a determination and shall make no motion in the absence of a conference with the Court and a good faith effort to resolve the matter without unnecessary motion practice. Once begun, a deposition shall continue until completed and shall not be adjourned without further order of the Court, unless all parties agree that the adjournment of such deposition does not delay or otherwise impede any party's ability to perform or enforce any of the terms of this Stipulation. Page 3 of 6 4 of 7 FILED: DUTCHESS COUNTY CLERK 10/13/2022 04:36 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022 The transcript of an examination before trial shall be delivered to the party deposed within forty-five (45) days of the deposition, and shall be returned, duly executed thereafter pursuant to CPLR § 3116 (a). Depositions of all parties shall be completed on or before Depositions of all non-party witnesses shall be completed on or before Post Deposition Discovery Demands shall be sewed by Responses to Post Depositions Discovery demands shall be served by NOTICE: The parties and their respective counsel are advised to comply with the Uniform Rules of Conduct of Depositions and the applicable sections of the New York State Civil Practice Law and Rules. Failure to do so may result in sanctions. 7) Other Disclosure: On or before , all parties shall exchange names and addresses of all witnesses, and shall exchange statements of opposing parties and photographs, or if none, shall so state in writing. All parties shall exchange information relating to expert witnesses in compliance with CPLR §3101 and the governing case law. Demands for Discovery and Inspection (CPLR §3120) shall be served on or before All responses to Discovery and Inspection demands shall be served no later than after receipt of the opposing party's demands. Objections to disclosure, inspection or examination shall be made in conformity with the provisions of CPLR §3122. E Supplemental Demands for Discovery and Inspection may be served with respect to items as to which the demanding party could not reasonably have demanded in such party's prior Demand(s) for Discovery and Inspection, provided such Supplemental Demands are served at least twenty (20) days (or if service is by mail twenty-five [25] days) prior to the expiration of the time herein set forth for the completion of disclosure. Responses to. such Supplemental Demands shall be served within the time provided by CPLR §3120, except that objections to Supplemental Demands shall be interposed sufficiently in advance of the time hereinafter set forth for the completion of disclosure so as to permit the demanding party a reasonable time to seek and obtain a conference with the Court with respect to such objections and to request an extension of the time to complete disclosure. All demands for production of books, documents, records and other writings relevant to the issues in this case shall be deemed to include a demand for production of any photograph, audiotape, videotape, computer disk or program and e-mail. All Interrogatories shall be served on or before . Responses shall be served in conformity with CPLR §3133. Page 4. of 6 5 of 7 FILED: DUTCHESS COUNTY CLERK 10/13/2022 04:36 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022 Failure to comply with the provisions of this section may result in sanctions, including the award of legal fees, and other penalties. End Date for All Disclosure: Must be within 12 month, or 15 months for a complex case: lin pleaders: All third-party actions shall be commenced on or before Joinder of a third-party action beyond this date without leave of Court may result in a severance. Compliance Conference: a. A Compliance Conference to be held on January 12, 2022 at 9:45 a.m. Note of Issue: shall file a Note of Issue/Certificate or Readiness on or before Motions: Any dispositive Summary Judgment Motion(s) shall be made within 60 days of the filing of the Note of Issue. All motions and answering papers are ordered to be filed directly with the Dutchess County Clerk. No papers will be accepted by chambers without proof of the filing fees having been paid. The parties shall ensure that a stipulation of discontinuance shall be promptly filed if the case settles before the next meeting with the Court. All parties shall comply with this part's rules. NOTICE: FAILURE TO COMPLY WITH THE NEW YORK STATE CIVIL PROCEDURE LAW AND RULES, UNIFORM RULES OF THE SUPREME COURT, THE INDIVIDUAL PART RULES OF JUSTICE CHRISTIE L. D'ALESSIO AND THIS PRELIMINARY CONFERENCE ORDER MAY RESULT IN PRECLUSION OF WITNESSES AND/OR EVIDENCE AT TRIAL, AND THE IMPOSITION OF SANCTIONS. The contents and provisions of the foregoing proposed stipulation are agreed to, and the parties request that the Court order same. All of the above is hereby stipulated to by the parties: Page 5 of 6 6 of 7 FILED: DUTCHESS COUNTY CLERK 10/13/2022 04:36 PM INDEX NO. 2021-55036 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/13/2022 Attorneys for Plaintiff: Attorneys for Defendant: (Print Name): (Print Name): Signature: Signature: Mailing Address: Mailing Address: Phone/Facsimile Phone/Facsimile E-Mail Address E-Mail Address Attorneys for/orpro se party: Attorneys for/or pro se party: (Print Name): (Print Name): Signature: Signature: Mailing Address: Mailing Address: Phone/Facsimile Phone/Facsimile E-Mail Address - E-Mail Address Dated: Poughkeepsie, NY , 2022 SO ORDERED: HON. CHRISTIE L. D'ALESSIO J.S.C. Page 6 of 6 7 of 7