Preview
FILED: SUFFOLK COUNTY CLERK 09/19/2019 02:19 PM INDEX NO. 616392/2018
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/19/2019
TRIVELLA & FORTE, LLP
ATTORNEYS AT LAW
1311 MAMARONECK AVENUE, SUITE 170
WHITE PLAINS, NEW YORK 10605
(914) 949-9075
FACSIMILE (914) 949-4752
September 19, 2019
VIA NYSECF AND FACSIMILE 631-852-2972:
HON. STEPHEN L. BRASLOW
210 Center Drive
Riverhead, NY 11901
Re: County of Suffolk v. Sweet Hills Stables et al.
Suffolk Index 616392/18-Request to adjourn 9/20/19 conference to 10/11/19.
Dear Judge Braslow:
Trivella & Forte, LLP represents the Defendants Kris/D/Lyne Contracting Corp.
and the deceased Kristine Raffetto. This office requests an adjournment of the 9/20/19
Court conferences in the civil and criminal proceedings and the 9/20/19 return dates for
Defendant Benimax Inc.'s pending motion to dismiss the Complaint and this office's
pending motion to stay the civil proceeding pelidiiig the termination of the criminal
proceeding, all before Your Honor, to 10/11/19. Defendant's counsel Raymond Casey,
Esq. joins in the request, stating he isunavailable tomorrow. Also itis our understanding
Defendant's counsel Randy Zellin, Esq. is out of the country tomorrow and cannot attend.
It isthis office's understanding the County is looking for a completion date for
restoration of the siteat issue and arrai1gemeiits are being made to obtain DEC approval
of soils to be used for the site.The parties should have more information by October 11,
2019. The attached stipulation was circulated several days ago between counsel. I am not
sure of the status of the stipulation regarding the missing signatures and reached out to
counsel for clarification regarding whether they would be signing the stipulation.
Our office is inWestchester County and we would like to avoid billing the client
for 2 appearances, one tomorrow and a second appearance on 10/11/19 for the motions. I
attempted to reach Suffolk County Attorney Dennis Brown, Esq. regarding whether he
consents to the adjournment and I have not yet heard back from him. No prejudice to any
parties'
party results from the adjournment. The adjournment may also facilitatethe
attempts to settle and close this matter. This Court previously adjourned these dates per
the attached 9/12/19 letterfrom this office.
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FILED: SUFFOLK COUNTY CLERK 09/19/2019 02:19 PM INDEX NO. 616392/2018
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/19/2019
Hon. Stephen L. Braslow
September 19, 2019
Page 2 of 2.
Thank you for the Court's kind attention to this matter. Please notify this office as
soon as possible ifthe adjouriiment isgranted, as if theadjouriimciit is denied we need to
make årraiigements to appear tomorrow at 9:30 A.M.
Respectfully submitted,
TRIVELLA & FORTE, LLP
_/s/Christopher Smith
Defendants'
cc: Plaintiff and counsel (via NYSCEF).
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FILED: SUFFOLK COUNTY CLERK 09/19/2019 02:19 PM INDEX NO. 616392/2018
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/19/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-....--....----....---------------------------
X
COUNTY OF SUFFOLK : Index No. 616392/2018
: (Braslow, J.)
Plaintiff, :
: STIPULATION
-against- : OF ADJOURNMENT
SWEET HILLS STABLES, INC., : (Motion Seq, No. 001
LOUISB PRIVITERA, individually : & Motion Seq. No. 002)
and as President of Sweet Hills Stables, Inc., :
KRIS/D/LYNE CONTRACTING CORP., :
KRISTINE RAFFETTO, individually :
and as President of Kris/D/Lyne Contracting Corp.,
L JM GARDENS, LLC,
MARC .
CALI, individually
and as sole member of LJM Oardens, LLC,
BENIMAX, INC., and
STANLEY MORABITO, individually
and as President of Benimax, Inc.
Defendants.
-----------------¬------------------ X
IT IS HERE)BY STIPULATED AND AGREED by and betwecñ the undersigned
counsel as follows:
1. The return date of Defcñdâñts BENIMAX, INC. and STANLEY MORABITO's
Motion to Dismiss (Motion Seq. No. 001) presently returnable on September 20, 2019 is
adjourned on consent to October 11, 2019.
2. Additionally, the return date of Defendâñts KRIS/D/LYNE CONTRACTING
CORP. and KRISTINE RAFFETTO's Motion for Stay (Motion Seq. No. 002) presently
returnable on September 20, 2019 is adjourned on consent to October 11, 2019.
-1-
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FILED: SUFFOLK COUNTY CLERK 09/19/2019 02:19 PM INDEX NO. 616392/2018
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/19/2019
3. This stipulation may be executed in counterparts and email and/or
by facsimile,
and the undersigned email and/or facsimile signatures shall be treated as originals for all
purposes of this Stipulation and for filingpurposes,
Dated: Hauppauge, New York
September 13, 2019
DENNIS M. BROWN BAKBR HOSTETLER
Suffolk County Attorney Attorney for Defendants Benimax,
Attorney Plaintiff ounty of S lk Inc. & Stanley Morabito
By: Lisa Azzato By: Brian Allen
Assistant Coun , Attorney George Stamboulidis
100 Veterans M morial Hig ay 45 Rockefeller Plaza
P.O. Box 6100 New York, New York 10111-0100
Hauppauge, New 88 T: 212-847-2889
T: (631) 853-4846
TRIVELLA & FORTE, LLP RANDY SCOTT ZELIN PC
Attorney for Defendants Attorneys for Defendants LJM Gardens
n
KRIS/D/LYNE Contracting Corp. & Marc Cali
and Kristi e affetto
By·cpamathanditggsléple C1 R t y /1tfu J41) ByïRandy Zelin, Esq.
Avenue,32"
1311 Mamaroneck Avenue, Suite 170 747 Third Fl,
White Plains, New York 10605 New York New York 10017
T: (914) 949-9075 T: (212) 897-9100
LAW OFFICE OF STEVEN COHN, P.C.
Attorneys for Defendants Sweet Hills & Privitera
By: Steven Cohn
One Old Country Road, Suite 420
Carle Place, NY 11514
T: (516) 294-6410
-2-
4 of 5
FILED: SUFFOLK COUNTY CLERK 09/19/2019 02:19 PM INDEX NO. 616392/2018
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/19/2019
2-201Q 01:25PM FROM- . T-B67 P.001/M2 F-832
SEM
aA
TRIVELLA & FORTE, LLP
ATTORNEYS AT LAW
1311 MAMARONECK AVENUE, SU1TE 170
WHITE PLAINS, NEW YORK 10605
(914) 949-9075
FACSTMILE (914) 949-4752
September 12, 2019
V1A NYSECF AND FACSIMILS 631-S52-2972;
HON. STEPHEN L. BRASLOW
210 Center Drive
Riverhead, NY 11901
suffolk Index. 616392/18-Request to adjourn 9/13/19 conference to 9/20/19,
Dear Judge Braslow:
Trivella Bc Forte, LLP represents the Defendants Kris/D/Lyne Contracting Corp.
and the decessed Kristine Raffetto This office requests an adjournment of the 9/13/19
'
Court conference criminal proceedings (see attached E-courts page), both
before Your Hono The reason for the request is the Defendant Benimax
. Ine 's pending motion to smiss the Complaint and thisofficeN pending motion to stay
the civil proceeding pending the termination of‰ ariminal proceeding are both
returnable 9/20/19. Qur office isin Westchester County and we would like to avoid
the client for 2 appearances, one tomorrow and a second appearance on 9/20/19
billing
for the motions. I spoke to Suffolk County Attorney Dennis Brown, Esq. and he consents
Defenhe' an==1
to the adjournment, I telephoned to detenke ifthey consent and I
have not yet heard from them. I have no reason to believe they would not consent to the
adjournment. No prejudice to any patty results from the adjourntnent. The adjournment
parties'
may also facilitatethe attempts to settle and close this matter.
Thank you for the Court's kind attention to this matter. Please notify this office as
· sooo as possible if the adjournuient is granted as ifthe adjournment is denied we need to
make arrangements to appear tornorrow at 9:30 A.M.
Respectfally submitte4
TRIVELLA & FORTE, LLP
_/s/Christopher Sndth
cc: Plaintiff and
Defendants'
counsel (vta NYSCEF).
+ AD 35 M C
A D 37)UtYl Eb DArs
HON SWPNBiL BRML dW
5 of 5
Preview
FILED: SUFFOLK COUNTY CLERK 09/19/2019 02:19 PM INDEX NO. 616392/2018 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/19/2019 TRIVELLA & FORTE, LLP ATTORNEYS AT LAW 1311 MAMARONECK AVENUE, SUITE 170 WHITE PLAINS, NEW YORK 10605 (914) 949-9075 FACSIMILE (914) 949-4752 September 19, 2019 VIA NYSECF AND FACSIMILE 631-852-2972: HON. STEPHEN L. BRASLOW 210 Center Drive Riverhead, NY 11901 Re: County of Suffolk v. Sweet Hills Stables et al. Suffolk Index 616392/18-Request to adjourn 9/20/19 conference to 10/11/19. Dear Judge Braslow: Trivella & Forte, LLP represents the Defendants Kris/D/Lyne Contracting Corp. and the deceased Kristine Raffetto. This office requests an adjournment of the 9/20/19 Court conferences in the civil and criminal proceedings and the 9/20/19 return dates for Defendant Benimax Inc.'s pending motion to dismiss the Complaint and this office's pending motion to stay the civil proceeding pelidiiig the termination of the criminal proceeding, all before Your Honor, to 10/11/19. Defendant's counsel Raymond Casey, Esq. joins in the request, stating he isunavailable tomorrow. Also itis our understanding Defendant's counsel Randy Zellin, Esq. is out of the country tomorrow and cannot attend. It isthis office's understanding the County is looking for a completion date for restoration of the siteat issue and arrai1gemeiits are being made to obtain DEC approval of soils to be used for the site.The parties should have more information by October 11, 2019. The attached stipulation was circulated several days ago between counsel. I am not sure of the status of the stipulation regarding the missing signatures and reached out to counsel for clarification regarding whether they would be signing the stipulation. Our office is inWestchester County and we would like to avoid billing the client for 2 appearances, one tomorrow and a second appearance on 10/11/19 for the motions. I attempted to reach Suffolk County Attorney Dennis Brown, Esq. regarding whether he consents to the adjournment and I have not yet heard back from him. No prejudice to any parties' party results from the adjournment. The adjournment may also facilitatethe attempts to settle and close this matter. This Court previously adjourned these dates per the attached 9/12/19 letterfrom this office. 1 of 5 FILED: SUFFOLK COUNTY CLERK 09/19/2019 02:19 PM INDEX NO. 616392/2018 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/19/2019 Hon. Stephen L. Braslow September 19, 2019 Page 2 of 2. Thank you for the Court's kind attention to this matter. Please notify this office as soon as possible ifthe adjouriiment isgranted, as if theadjouriimciit is denied we need to make årraiigements to appear tomorrow at 9:30 A.M. Respectfully submitted, TRIVELLA & FORTE, LLP _/s/Christopher Smith Defendants' cc: Plaintiff and counsel (via NYSCEF). 2 of 5 FILED: SUFFOLK COUNTY CLERK 09/19/2019 02:19 PM INDEX NO. 616392/2018 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -....--....----....--------------------------- X COUNTY OF SUFFOLK : Index No. 616392/2018 : (Braslow, J.) Plaintiff, : : STIPULATION -against- : OF ADJOURNMENT SWEET HILLS STABLES, INC., : (Motion Seq, No. 001 LOUISB PRIVITERA, individually : & Motion Seq. No. 002) and as President of Sweet Hills Stables, Inc., : KRIS/D/LYNE CONTRACTING CORP., : KRISTINE RAFFETTO, individually : and as President of Kris/D/Lyne Contracting Corp., L JM GARDENS, LLC, MARC . CALI, individually and as sole member of LJM Oardens, LLC, BENIMAX, INC., and STANLEY MORABITO, individually and as President of Benimax, Inc. Defendants. -----------------¬------------------ X IT IS HERE)BY STIPULATED AND AGREED by and betwecñ the undersigned counsel as follows: 1. The return date of Defcñdâñts BENIMAX, INC. and STANLEY MORABITO's Motion to Dismiss (Motion Seq. No. 001) presently returnable on September 20, 2019 is adjourned on consent to October 11, 2019. 2. Additionally, the return date of Defendâñts KRIS/D/LYNE CONTRACTING CORP. and KRISTINE RAFFETTO's Motion for Stay (Motion Seq. No. 002) presently returnable on September 20, 2019 is adjourned on consent to October 11, 2019. -1- 3 of 5 FILED: SUFFOLK COUNTY CLERK 09/19/2019 02:19 PM INDEX NO. 616392/2018 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/19/2019 3. This stipulation may be executed in counterparts and email and/or by facsimile, and the undersigned email and/or facsimile signatures shall be treated as originals for all purposes of this Stipulation and for filingpurposes, Dated: Hauppauge, New York September 13, 2019 DENNIS M. BROWN BAKBR HOSTETLER Suffolk County Attorney Attorney for Defendants Benimax, Attorney Plaintiff ounty of S lk Inc. & Stanley Morabito By: Lisa Azzato By: Brian Allen Assistant Coun , Attorney George Stamboulidis 100 Veterans M morial Hig ay 45 Rockefeller Plaza P.O. Box 6100 New York, New York 10111-0100 Hauppauge, New 88 T: 212-847-2889 T: (631) 853-4846 TRIVELLA & FORTE, LLP RANDY SCOTT ZELIN PC Attorney for Defendants Attorneys for Defendants LJM Gardens n KRIS/D/LYNE Contracting Corp. & Marc Cali and Kristi e affetto By·cpamathanditggsléple C1 R t y /1tfu J41) ByïRandy Zelin, Esq. Avenue,32" 1311 Mamaroneck Avenue, Suite 170 747 Third Fl, White Plains, New York 10605 New York New York 10017 T: (914) 949-9075 T: (212) 897-9100 LAW OFFICE OF STEVEN COHN, P.C. Attorneys for Defendants Sweet Hills & Privitera By: Steven Cohn One Old Country Road, Suite 420 Carle Place, NY 11514 T: (516) 294-6410 -2- 4 of 5 FILED: SUFFOLK COUNTY CLERK 09/19/2019 02:19 PM INDEX NO. 616392/2018 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 09/19/2019 2-201Q 01:25PM FROM- . T-B67 P.001/M2 F-832 SEM aA TRIVELLA & FORTE, LLP ATTORNEYS AT LAW 1311 MAMARONECK AVENUE, SU1TE 170 WHITE PLAINS, NEW YORK 10605 (914) 949-9075 FACSTMILE (914) 949-4752 September 12, 2019 V1A NYSECF AND FACSIMILS 631-S52-2972; HON. STEPHEN L. BRASLOW 210 Center Drive Riverhead, NY 11901 suffolk Index. 616392/18-Request to adjourn 9/13/19 conference to 9/20/19, Dear Judge Braslow: Trivella Bc Forte, LLP represents the Defendants Kris/D/Lyne Contracting Corp. and the decessed Kristine Raffetto This office requests an adjournment of the 9/13/19 ' Court conference criminal proceedings (see attached E-courts page), both before Your Hono The reason for the request is the Defendant Benimax . Ine 's pending motion to smiss the Complaint and thisofficeN pending motion to stay the civil proceeding pending the termination of‰ ariminal proceeding are both returnable 9/20/19. Qur office isin Westchester County and we would like to avoid the client for 2 appearances, one tomorrow and a second appearance on 9/20/19 billing for the motions. I spoke to Suffolk County Attorney Dennis Brown, Esq. and he consents Defenhe' an==1 to the adjournment, I telephoned to detenke ifthey consent and I have not yet heard from them. I have no reason to believe they would not consent to the adjournment. No prejudice to any patty results from the adjourntnent. The adjournment parties' may also facilitatethe attempts to settle and close this matter. Thank you for the Court's kind attention to this matter. Please notify this office as · sooo as possible if the adjournuient is granted as ifthe adjournment is denied we need to make arrangements to appear tornorrow at 9:30 A.M. Respectfally submitte4 TRIVELLA & FORTE, LLP _/s/Christopher Sndth cc: Plaintiff and Defendants' counsel (vta NYSCEF). + AD 35 M C A D 37)UtYl Eb DArs HON SWPNBiL BRML dW 5 of 5