Preview
FILED: NASSAU COUNTY CLERK 01/08/2021 08:23 AM INDEX NO. 601520/2019
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/08/2021
Law Office of Victor J. Natale Victor J. Natale
Managing Counsel
Not a Partnership or Professional Corporation
(631) 501-3100
(877) 220-7166 (fax)
vnatale@travelers.com
Physical Address:
2 Corporate Center Drive
Suite 300
Melville, NY 11747
Mailing Address:
P.O. Box 2903
Hartford, CT 06104-2903
January 8, 2021
SILBERSTEIN AWAD MIKLOS, P.C.
Attorneys for Plaintiff
600 Old Country Road
Garden City, New York 11530
RE: Matter Name: Perez v. Kaypour
Index No.: 601520/2019
Matter No.: 2019058285 PM
Dear Sir/Madam:
Please be advised that as of January 1, 2021 the Law Office of Victor J.
Natale has been substituted for the Law Office of Andrea G. Sawyers in the
above matter for all purposes pursuant to the Order of Justice Thomas F.
Whelan of the Supreme Court, Suffolk County, dated December 23, 2020.
Please mark your records accordingly.
Thank you for your cooperation in this matter. If you have any questions,
please feel free to contact us at your convenience.
Very truly yours,
Victor J. Natale
Attorney at Law
VJN:kc
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FILED: SUFFOLKCOUNTY
NASSAU COUNTYCLERK CLERK01/08/2021
12/23/202008:23 12:45AM PM INDEX NO. 619980/2020
601520/2019
NYSCEF DOC. NO. 7
17 RECEIVED NYSCEF: 12/23/2020
01/08/2021
At an Ex Parte of the Supreme Court of
the State of New York, held in and for the
County of Suffolk, at the Courthouse located
at 210 Center Drive, Riverhead, New York
F-.
on the
+3_ day of
l,WhN .2020
PRESENT: }0
HONORABLE 'I V\O
ruSTICE
IN THE MATTER OF THE PETITION
INDEMNITY COMPANY,
OF TRAVELERS rndexNo: fl4rtBDh0
Petitioner,
-against-
FOR AN ORDER PERMITTING ALL ACTIONS AND
PROCEEDINGS PENDING IN THE COURTS, WORKERS COMPENSATION
BOARDS AND ARBITRATION FORUMS OF THE STATE OF NEW YORK
WHEREIN THE LAW OFFICES OF ANDREA G. SAWYERS
APPEARS AS THE ATTORNEY OF RECORD FOR PETITIONER'S
CLAIMS TO PROCEED WITHOUT FURTHER COMPLIANCE BY
ANY PARTY WITH THE PROVISIONS OF CPLR 32I, WITH
THE LAW OFFICES OF VICTOR J. NATALE AS THE ATTORNEY
OF RECORD IN SUCH ACTIONS,
Respondent,
Petitioner, Travelers Indemnity Company, (including all of its affiliates and subsidiaries
listed in the attached Appendix "A"), having brought a special proceeding to have the Law
Offices of Victor J. Natale substituted in place and stead of the Law Offices of Andrea G.
Sawyers in all pending actions and proceedings in the Courts, Workers' Compensation Boards
and Arbitration Forums of the State of New York in which the Law Offices of Andrea G.
Sawyers has appeared as the attorney of record for the Petitioning insurance carrier's claims; and
Andrea G. Sawyers individually and as Managing Attorney on behalf of the Law Offices of
Andrea G. Sawyers, having consented to this substitution:
NOW, upon reading and filing the Petition dated on the 23rd day of December, 2020, the
affirmation of Victor J. Natale, Esq., Managing Attorney for substituted Counsel dated the 23rd
day of December,2020 together with the Consents of Petitioner, the Law Offices of Andrea G.
Sawyers dated December 23,2020 all in support thereof, and there being no opposition
submitted thereto as is evident in the Affirmation of Andrea G. Sawyers dated December 23,
2020; it is
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FILED: SUFFOLKCOUNTY
NASSAU COUNTYCLERK CLERK01/08/2021
12/23/202008:23 12:45AM PM INDEX NO. 619980/2020
601520/2019
NYSCEF DOC. NO. 7
17 RECEIVED NYSCEF: 12/23/2020
01/08/2021
ORDERED, that the Law Offices of Victor J. Natale, 2 Corporate Center Drive, Suite
300, Melville, New York, shall be substituted in place and stead of the Law Offices of Andrea G.
Sawyers, in all pending actions and proceedings in the Courts, Workers' Compensation Boards
and Arbitration Forums of the State of New York in which the Law Offices of Andrea G.
Sawyers has appeared as the attorney of record for the Petitioning Insurance earner's claims
without fuither compliance by any party with the provisions of CPLR 321; and it is further
ORDERED, that a Certified Copy of the Consent Order be saved on the Office of the
County Clerk in every County, or on the Office of the Case Manager in every Workers'
Compensation Board or Arbitration Forum, where the Law Offices of Andrea G. Sawyers has
appeared as the attorney of record for the petitioning insurance carrier's claims, together with a
listing of all such cases pending in that court or forum within 30 days of date of entry of this
order; and it is further
ORDERED that a copy of the Consent Order shall be served on each opposing counsel of
the Law Offices of Andrea G. Sawyers within 30 days of date of entry of this order in all cases
where the Law Offices of Andrea G. Sawyers has appeared as the attorney of record for the
petitioning insurance carrier's claims; and it is further
<\* ORDERED that Notice of this substitution of counsel shall be served by mail upon each
-f affected Policyholder of the Petitioner within 30 days of date of entry of this order, and it is further
ORDERED that the substitution of attorneys will be effective l2l3ll20.
GRANTED
DEC 2 3 2020
t\owtrtr N\sJq-
JUDITH A. PASCALE
Clerk of Suffolk County
t{ON. T?{Ofrtag E !,ry!,{g:t"F,N
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NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/08/2021
SUPREME COURT OF STATE NEW YORK
COUNTY OF SUFFOLK
------------------------------------------------------------------------------
IN THE MATTER OF THE PETITION OF TRAVELERS Index No.:
INDEMNITY COMPANY,
PETITION
Petitioner,
Return Date:
- against -
FOR AN ORDER PERMITTING ALL ACTIONS AND
PROCEEDINGS PENDING IN THE COURTS, WORKERS COMPENSATION
BOARDS AND ARBITRATION FORUMS OF THE STATE OF NEW YORK
WHEREIN THE LAW OFFICES OF ANDREA G. SAWYERS
APPEARS AS THE ATTORNEY OF RECORD FOR PETITIONER’S
CLAIMS TO PROCEED WITHOUT FURTHER COMPLIANCE BY
ANY PARTY WITH THE PROVISIONS OF CPLR 321, WITH
THE LAW OFFICES OF VICTOR J. NATALE AS THE ATTORNEY
OF RECORD IN SUCH ACTIONS
Respondent.
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PETITIONER, TRAVELERS INDEMNITY COMPANY (hereinafter referred to as
“Travelers”) by its attorneys, THE LAW OFFICES OF VICTOR J. NATALE, respectfully
alleges, and states as follows:
1. At all times hereinafter mentioned, petitioner Travelers was and still is an
insurance company-authorized to do business in the State of New York.
2. That petitioner maintains an office for the transaction of business in Suffolk
County at 2 Corporate Center Drive, Suite 300, Melville, New York 11747.
3. That Travelers (including all of its affiliates and subsidiaries listed in the attached
Appendix “A”), by this petition, seeks to substitute the Law Offices of Victor J. Natale in place
and stead of the Law Offices of Andrea G. Sawyers in all pending actions and proceedings in the
Courts, Workers’ Compensation Boards and Arbitration Forums of the State of New York in
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which the Law Offices of Andrea G. Sawyers has appeared as the attorney of record for the
Petitioning Insurance Carrier’s claims.
4. That a decision was made by Petitioner to have the Law Offices of Victor J.
Natale serve as Counsel to Petitioner’s claims in all pending actions and proceedings in the
Courts, Workers’ Compensation Boards and Arbitration Forums of the State of New York
previously handled by the Law Offices of Andrea G. Sawyers.
5. There will be no change in the status of any aforementioned cases except for the
change of name of the attorneys of record for petitioner’s claims in the aforementioned actions
and proceedings.
6. As the substituted attorney of record, the Law Offices of Victor J. Natale will be
bound by all previous representations and scheduled proceedings and Court dates in each action
and proceeding pending in the Courts, Workers’ Compensation Boards or Arbitration Forums in
the State of New York involving claims previously handled by the Law Offices of Andrea G.
Sawyers.
7. No prior application for the relief requested herein has been made to the Court.
WHEREFORE, it is respectfully requested that, pursuant to the provisions of CPLR
321, the Law Offices of Victor J. Natale be substituted in place and stead of the Law Offices of
Andrea G. Sawyers in all pending actions and proceedings in the Courts, Workers’
Compensation Boards and Arbitration Forums of the State of New York in which the Law
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Offices of Andrea G. Sawyers has appeared as the attorney of record for any of the
Petitioning Insurance Carrier’s claims and that this Court grant such other and further relief as
may seem just and proper.
Dated: Melville, New York
December 23, 2020
______________________________
VICTOR J. NATALE
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SUPREME COURT OF STATE NEW YORK
COUNTY OF SUFFOLK
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IN THE MATTER OF THE PETITION OF TRAVELERS
INDEMNITY COMPANY, AFFIRMATION OF
VICTOR J. NATALE
Petitioner,
- against –
FOR AN ORDER PERMITTING ALL ACTIONS AND
PROCEEDINGS PENDING IN THE COURTS, WORKERS COMPENSATION
BOARDS AND ARBITRATION FORUMS OF THE STATE OF NEW YORK
WHEREIN THE LAW OFFICES OF ANDREA G. SAWYERS
APPEARS AS THE ATTORNEY OF RECORD FOR PETITIONER’S
CLAIMS TO PROCEED WITHOUT FURTHER COMPLIANCE BY
ANY PARTY WITH THE PROVISIONS OF CPLR 321, WITH
THE LAW OFFICES OF VICTOR J. NATALE AS THE ATTORNEY
OF RECORD IN SUCH ACTIONS
Respondent.
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VICTOR J. NATALE, an attorney duly admitted to practice law before the Courts of the
State of New York, affirms the following statements to be true under penalties of perjury:
1. That I am the Managing Attorney of the Law Offices of Victor J. Natale, the
substituted attorney in the within proceeding, and am fully familiar with the facts and
circumstances herein.
2. I submit this Affirmation In Support of the Application of Petitioner, Travelers
Indemnity Company, (including all of its affiliates and subsidiaries listed in the attached Appendix
“A”), to substitute the Law Offices of Victor J. Natale in place and stead of the Law Offices of
Andrea G. Sawyers in all pending actions and proceedings in the Courts, Workers’ Compensation
Boards and Arbitration Forums of the State of New York in which the Law Offices of Andrea G .
Sawyers has appeared as the attorney of record for the Petitioning Insurance Carrier’s Claims.
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3. As indicated in the attached Petition, a decision was made by Petitioner to have the
Law Offices of Victor J. Natale serve as counsel to Petitioner’s claims in all pending actions and
proceedings in the Courts, Workers’ Compensation Boards and Arbitration Forums of the State of
New York previously handled by the Law Offices of Andrea G. Sawyers.
4. There will be no change in the status of any aforementioned cases except for the
change of name of the attorneys of record for petitioner's claims in the aforementioned actions and
proceedings.
5. As the substituted attorney of record, the Law Offices of Victor J. Natale will be
bound by all previous representations and scheduled proceedings and Court dates in each action
and proceeding pending in the Courts, Workers’ Compensation Boards or Arbitration Forums in
the State of New York involving claims previously handled by the Law Offices of Andrea G.
Sawyers.
WHEREFORE, it is respectfully requested that the Law Offices of Victor J. Natale be
substituted in place and stead of the Law Offices of Andrea G. Sawyers in all pending actions and
proceedings in the Courts, Workers’ Compensation Boards and Arbitration Forums of the State of
New York in which the Law Offices of Andrea G. Sawyers has appeared as the attorney of record
for any of the Petitioning Insurance Carrier’s claims and that this Court grant such other and further
relief as may seem just and proper.
Dated: Melville, New York
December 23, 2020
____________________________
VICTOR J. NATALE
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SUPREME COURT OF STATE NEW YORK
COUNTY OF SUFFOLK
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IN THE MATTER OF THE PETITION OF TRAVELERS
INDEMNITY COMPANY, AFFIRMATION OF
ANDREA G. SAWYERS
Petitioner,
- against –
FOR AN ORDER PERMITTING ALL ACTIONS AND
PROCEEDINGS PENDING IN THE COURTS, WORKERS COMPENSATION
BOARDS AND ARBITRATION FORUMS OF THE STATE OF NEW YORK
WHEREIN THE LAW OFFICES OF ANDREA G. SAWYERS
APPEARS AS THE ATTORNEY OF RECORD FOR PETITIONER’S
CLAIMS TO PROCEED WITHOUT FURTHER COMPLIANCE BY
ANY PARTY WITH THE PROVISIONS OF CPLR 321, WITH
THE LAW OFFICES OF VICTOR J. NATALE AS THE ATTORNEY
OF RECORD IN SUCH ACTIONS
Respondent.
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ANDREA G. SAWYERS, ESQ., an attorney duly admitted to practice law before the
Courts of the State of New York, affirms the following statements to be true under penalties of
perjury:
1. That I am the Managing Attorney of the Law Offices of Andrea G. Sawyers.
2. I submit this affirmation in support of the application to substitute counsel.
3. I have reviewed the Verified Petition and Proposed Consent Order to substitute the
Law Offices of Victor J. Natale in place and stead of the Law Offices of Andrea G. Sawyers in all
pending actions and proceedings in the Courts, Workers’ Compensation Boards and Arbitration
Forums of the State of New York in which the Law Offices of Andrea G. Sawyers has appeared
as the attorney of record for the Petitioning Insurance Carrier’s claims.
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4. I have no opposition to the substitution of the Law Offices of Victor J. Natale in
place and stead of the Law Offices of Andrea G. Sawyers in all pending actions and proceedings
in the Courts and arbitration-forums of the State of New York in which the Law Offices of Andrea
G. Sawyers has appeared as the attorney of record for the Petitioning Insurance Carrier’s claims.
Dated: Melville, New York
December 23, 2020
________________________________
ANDREA G. SAWYERS
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SUPREME COURT OF STATE NEW YORK
COUNTY OF SUFFOLK
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IN THE MATTER OF THE PETITION OF TRAVELERS
INDEMNITY COMPANY, CONSENT TO
CHANGE ATTORNEY
Petitioner,
- against –
FOR AN ORDER PERMITTING ALL ACTIONS AND
PROCEEDINGS PENDING IN THE COURTS, WORKERS COMPENSATION
BOARDS AND ARBITRATION FORUMS OF THE STATE OF NEW YORK
WHEREIN THE LAW OFFICES OF ANDREA G. SAWYERS
APPEARS AS THE ATTORNEY OF RECORD FOR PETITIONER’S
CLAIMS TO PROCEED WITHOUT FURTHER COMPLIANCE BY
ANY PARTY WITH THE PROVISIONS OF CPLR 321, WITH
THE LAW OFFICES OF VICTOR J. NATALE AS THE ATTORNEY
OF RECORD IN SUCH ACTIONS
Respondent.
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IT IS HEREBY CONSENTED, that-the Law Offices of Victor J. Natale, 2 Corporate
Center Drive, Suite 300, Melville, New York, be substituted as attorney of record effective
12/31/2020, or as soon thereafter as an Order of Substitution may be entered, in all pending
actions and proceedings in the Courts and Arbitration Forums of the State of New York in which
the Law Offices of Andrea G. Sawyers has appeared as the attorney of record for the Petitioning
Insurance Carrier’s claims in place and stead of the undersigned attorneys.
Dated: Melville, New York
December 23, 2020
THE LAW OFFICES OF ANDREA G. SAWYERS
By: ANDREA G. SAWYERS
_____________________________________
ANDREA G. SAWYERS
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SUPREME COURT OF STATE NEW YORK
COUNTY OF SUFFOLK
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IN THE MATTER OF THE PETITION OF TRAVELERS
INDEMNITY COMPANY, CONSENT OF
PETITIONER AND OF
Petitioner, SUBSTITUTED
ATTORNEYS
- against –
FOR AN ORDER PERMITTING ALL ACTIONS AND
PROCEEDINGS PENDING IN THE COURTS, WORKERS COMPENSATION
BOARDS AND ARBITRATION FORUMS OF THE STATE OF NEW YORK
WHEREIN THE LAW OFFICES OF ANDREA G. SAWYERS
APPEARS AS THE ATTORNEY OF RECORD FOR PETITIONER’S
CLAIMS TO PROCEED WITHOUT FURTHER COMPLIANCE BY
ANY PARTY WITH THE PROVISIONS OF CPLR 321, WITH
THE LAW OFFICES OF VICTOR J. NATALE AS THE ATTORNEY
OF RECORD IN SUCH ACTIONS
Respondent.
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The undersigned hereby consent to the entry of an Order directing the substitution of the
Law Offices of Victor J. Natale as attorney of record effective 12/31/20, or as soon thereafter as
an Order of Substitution may be entered, in all pending actions andproceedings in the Courts
and Arbitration Forums of the State of New York in which the LawOffices of Andrea
G. Sawyers has appeared as the attorney of record for any of the said petitioner’sclaims.
Dated: Melville, New York
December 23, 2020
THE LAW OFFICES OF THE LAW OFFICES OF
ANDREA G. SAWYERS VICTOR J. NATALE
By: ANDREA G. SAWYERS By: VICTOR J. NATALE
_______________________________ ______________________________
ANDREA G. SAWYERS VICTOR J. NATALE
TRAVELERS INDEMNITY COMPANY
By:
_____________________________________
JEFFREY W. MAZZOLA, ESQ.
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APPENDIX “A”
1. Athena Assurance Company
2. Atlantic Insurance Company
3. Automobile Insurance Company of Hartford, Connecticut
4. Charter Oak Fire Insurance Company
5. Commercial Guaranty Casualty Insurance Company
6. Discover Property and Casualty Insurance Company
7. Farmington Casualty Company
8. Fidelity and Guaranty Insurance Company
9. Fidelity and Guaranty Insurance Underwriters
10. Gulf Underwriters Insurance Company
11. Phoenix Insurance Company
12. Mendakota Insurance Company
13. Mendota Insurance Company
14. NIPPONKOA Insurance Company, Limited (U.S. Branch)
15. Northland Insurance Company
16. St. Paul Fire and Marine Insurance Company
17. St. Paul Guardian Insurance Company
18. St. Paul Mercury Insurance Company
19. St. Paul Protective Insurance Company
20. St. Paul Travelers Companies
21. Seaboard Surety Company
22. Standard Fire Insurance Company
23. Travelers
24. TravCo Insurance Company
25. Travelers Casualty and Surety Company
26. Travelers Casualty and Surety Company of America
27. Travelers Casualty Company of Connecticut
28. Travelers Casualty Insurance Company of America
29. Travelers Commercial Insurance Company
30. Travelers Home and Marine Insurance Company
31. Travelers Indemnity Company
32. Travelers Indemnity Company- of America
33. Travelers Indemnity Company of Connecticut
34. Travelers Insurance
35. Travelers Insurance Company
36. Travelers of Massachusetts
37. Travelers Personal Insurance Company
38. Travelers Personal Security Insurance Company
39. Travelers Property Casualty Company of America
40. Travelers Property Casualty Insurance Company
41. United States Fidelity and Guaranty Company
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SUPREME COURT OF STATE NEW YORK
COUNTY OF SUFFOLK
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IN THE MATTER OF THE PETITION OF TRAVELERS
INDEMNITY COMPANY,
Petitioner,
- against –
FOR AN ORDER PERMITTING ALL ACTIONS AND
PROCEEDINGS PENDING IN THE COURTS, WORKERS COMPENSATION
BOARDS AND ARBITRATION FORUMS OF THE STATE OF NEW YORK
WHEREIN THE LAW OFFICES OF ANDREA G. SAWYERS
APPEARS AS THE ATTORNEY OF RECORD FOR PETITIONER’S
CLAIMS TO PROCEED WITHOUT FURTHER COMPLIANCE BY
ANY PARTY WITH THE PROVISIONS OF CPLR 321, WITH
THE LAW OFFICES OF VICTOR J. NATALE AS THE ATTORNEY
OF RECORD IN SUCH ACTIONS
Respondent.
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CONSENT ORDER
THE LAW OFFICES OF VICTOR J. NATALE
Office and P.O. Address
2 Corporate Center Drive, Suite 300
Melville, New York 11747
(631) 501-3100
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NYSCEF - Suffolk County Supreme Court
Confirmation Notice
The NYSCEF website has received an electronic filing on 12/23/2020 10:51 AM. Please keep this notice
as a confirmation of this filing.
Index Number NOT assigned
FOR AN ORDER PERMITTING ALL ACTIONS AND PROCEEDINGS PENDING IN THE
COURTS, WORKERS COMPENSATION BOARDS AND ARBITRATION FORUMS OF THE
STATE OF NEW YORK
WHEREIN THE LAW OFFICES OF ANDREA G. SAWYERS APPEARS AS THE ATTORNEY
OF RECORD FOR PETITIONERS CLAIMS TO PROCEED WITHOUT FURTHER COMPLIANCE
BY
ANY PARTY WITH THE PROVISIONS OF CPLR 321, WITH THE LAW OFFICES OF
VICTOR J. NATALE AS THE ATTORNEY OF RECORD IN SUCH ACTIONS
Assigned Judge: None Recorded
Documents Received on 12/23/2020 10:51 AM
Doc # Document Type
1 PETITION
2 ORDER TO SHOW CAUSE ( PROPOSED )
3 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP
Affirmation of Victor J Natale
4 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP
Affirmation of Andrea G Sawyers
5 CONSENT TO CHANGE ATTORNEY (PRE RJI)
6 RJI -RE: ORDER TO SHOW CAUSE
Filing User
Victor J. Natale | VNatale@travelers.com
2 Corporate Center Dr Ste 300, Melville, NY 11747
Judith A. Pascale, Suffolk County Clerk - http://www.suffolkcountyny.gov/Departments/CountyClerk/EfilingNotice.aspx
Phone: 631-852-2000 Fax: 631-852-3016 (fax) Website:
http://www.suffolkcountyny.gov/Departments/CountyClerk/EfilingNotice.aspx
NYSCEF Resource Center, nyscef@nycourts.gov
Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
Page 1 of 2
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NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/08/2021
NYSCEF - Suffolk County Supreme Court
Confirmation Notice
Index Number NOT assigned
FOR AN ORDER PERMITTING ALL ACTIONS AND PROCEEDINGS PENDING IN THE
COURTS, WORKERS COMPENSATION BOARDS AND ARBITRATION FORUMS OF THE
STATE OF NEW YORK
WHEREIN THE LAW OFFICES OF ANDREA G. SAWYERS APPEARS AS THE ATTORNEY
OF RECORD FOR PETITIONERS CLAIMS TO PROCEED WITHOUT FURTHER COMPLIANCE
BY
ANY PARTY WITH THE PROVISIONS OF CPLR 321, WITH THE LAW OFFICES OF
VICTOR J. NATALE AS THE ATTORNEY OF RECORD IN SUCH ACTIONS
Assigned Judge: None Recorded
E-mail Notifications
An email regarding this filing has been sent to the following on 12/23/2020 10:51 AM:
VICTOR J. NATALE - VNatale@travelers.com
Judith A. Pascale, Suffolk County Clerk - http://www.suffolkcountyny.gov/Departments/CountyClerk/EfilingNotice.aspx
Phone: 631-852-2000 Fax: 631-852-3016 (fax) Website:
http://www.suffolkcountyny.gov/Departments/CountyClerk/EfilingNotice.aspx
NYSCEF Resource Center, nyscef@nycourts.gov
Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
Page 2 of 2
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