On June 12, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Stephen Gardner Derivatively O B O Lyncrest Gardens Co., Llc,
Stephen Gardner Derivatively
O B O Lyncrest Gardens Co., Llc,
William Slepoy Derivatively O B O Lyncrest Gardens Co., Llc,
William Slepoy Derivatively
O B O Lyncrest Gardens Co., Llc,
and
Andrew Slepoy,
Herbert Slepoy Corporation,
Kent Leffel,
Lyncrest Gardens Co., Llc Nominal Defendant,
Lyncrest Gardens Co., Llc
Nominal Defendant,
for Commercial Division
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 05/07/2021 03:48 PM INDEX NO. 605758/2020
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 05/07/2021
([KLELW
FILED: NASSAU COUNTY CLERK 05/07/2021 03:48 PM INDEX NO. 605758/2020
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 05/07/2021
Kathryn C. Cole
Partner
Direct Dial: 516.227.0763 400 RXR Plaza
Direct Fax: 516.336.2763 Uniondale, NY 11556
kcole@farrellfritz.com www.farrellfritz.com
Our File No.
35960.100
March 16, 2021
By E-Mail
Mr. Anthony W. Cummins, Esq.,
Certilman Balin Adler & Hyman, LLP
90 Merrick Avenue, 9th Floor
East Meadow, NY 11554
acummings@certilmanbalin.com
Re: Wm. Slepoy & Gardner v. A. Slepoy, 605758/2020
Dear Anthony:
I write further to my letter of February 26, 2021, which details your clients’ various discovery
failures (“February Letter”) in the above-captioned matter. I have enclosed a copy of the
February Letter for your ease of reference.
To date, I have received neither a response to my February Letter nor the supplemental
document production that you represented, during the February 11 compliance conference with
the Court, was forthcoming within the week. And so, given the many unresolved and ongoing
issues, I write to request dates and times when you are, or your office is available prior to the
March 23 status conference to participate in a meet and confer. In the event we cannot resolve
amicably the various discovery deficiencies and unanswered questions, we will have no
recourse but to bring the matter to the Court’s attention.
Thank you for your time and attention to this matter.
Best,
Katy Cole
Kathryn C. Cole
Enclosure
cc:
Christopher P. Dooley, Esq.
James M. Wicks, Esq.
Peter J. Sluka, Esq.
FF\9886841.1 ALBANY | HAUPPAUGE | NEW YORK | WATER MILL
Document Filed Date
May 07, 2021
Case Filing Date
June 12, 2020
Category
Commercial Division
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FILED: NASSAU COUNTY CLERK 05/07/2021 03:48 PM INDEX NO. 605758/2020 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 05/07/2021 ([KLELW FILED: NASSAU COUNTY CLERK 05/07/2021 03:48 PM INDEX NO. 605758/2020 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 05/07/2021 Kathryn C. Cole Partner Direct Dial: 516.227.0763 400 RXR Plaza Direct Fax: 516.336.2763 Uniondale, NY 11556 kcole@farrellfritz.com www.farrellfritz.com Our File No. 35960.100 March 16, 2021 By E-Mail Mr. Anthony W. Cummins, Esq., Certilman Balin Adler & Hyman, LLP 90 Merrick Avenue, 9th Floor East Meadow, NY 11554 acummings@certilmanbalin.com Re: Wm. Slepoy & Gardner v. A. Slepoy, 605758/2020 Dear Anthony: I write further to my letter of February 26, 2021, which details your clients’ various discovery failures (“February Letter”) in the above-captioned matter. I have enclosed a copy of the February Letter for your ease of reference. To date, I have received neither a response to my February Letter nor the supplemental document production that you represented, during the February 11 compliance conference with the Court, was forthcoming within the week. And so, given the many unresolved and ongoing issues, I write to request dates and times when you are, or your office is available prior to the March 23 status conference to participate in a meet and confer. In the event we cannot resolve amicably the various discovery deficiencies and unanswered questions, we will have no recourse but to bring the matter to the Court’s attention. Thank you for your time and attention to this matter. Best, Katy Cole Kathryn C. Cole Enclosure cc: Christopher P. Dooley, Esq. James M. Wicks, Esq. Peter J. Sluka, Esq. FF\9886841.1 ALBANY | HAUPPAUGE | NEW YORK | WATER MILL