Preview
FILED: BRONX COUNTY CLERK 11/20/2020
09/16/2022 04:16
11:48 PM
AM INDEX NO. 303885/2016E
C(90
NYSCEF DOC. NO. 18
26 RECEIVED NYSCEF: 11/20/2020
09/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
L
COUNTY OF BRONX, EX-PARTE AND URGENT MOTION PART
X
REMBERT, KENNETH Index A.2. 0303885/2016E
-against- Hon. VERONICA G. HUMMEL
FORCE SERVICES, LLC., Acting Justice Supreme Court
X
The following papers were read on this motion ( Seq. No. 2 ) TO WITHDRAW AS ATTORNEY noticed on
November 16, 2020 and submitted on November 16, 2020.
Order to Show Cause — Affirmation and Exhibits NYSCEF Doc. # 5-16
Upon the foregoing papers, it is ordered that this motion for an Order, pursuant to CPLR 321(B)(2),
permitting Vincent Gelardi, Esq., of Counsel to THE DEIORIO LAW GROUP, PLLC, attorney for Defendants,
to withdraw as counsel for Defendants, DAMON FAVILLO and DANIEL STOKES, [mot. seq. 2], submitted
on default is denied.
Proof of service in accordance with the directives contained in the OSC signed on October 23, 2020 was note-
filed. On the date that the OSC was signed it, the return date of November 16, 2020 was set. It appears that an
affidavit of service of the unsigned version of the OSC was served on September 24, 2020. Obviously, at that
time there was no return date yet set by the Court.
Dated: November 16, 2020 Hon. Vuct,6-6(
VERONICA G. HUMMEL, A.J.S. .
I. CHECK ONE O CASE DISPOSED p ITS ENTIRETY ErCSE STILL ACTIVE
MOTION IS o GRANTEDLiDENIED 0 GRANTED IN PART 0 OTHER
CHECK IF APPROPRIATE
O SETTLE ORDER 0 SUBMIT ORDER 0 SCHEDULE APPEARANCE
FIDUCIARY APPOINTMENT 0 REFEREE APPOINTMENT
1 of 3
FILED: BRONX COUNTY CLERK 11/20/2020
09/16/2022 04:16
11:48 PM
AM INDEX NO. 303885/2016E
NYSCEF DOC. NO. 18
26 RECEIVED NYSCEF: 11/20/2020
09/16/2022
Vincent Gelardi, Esq., of Counsel
Fax: 914-253-0909
At an fix-RaFtepitartAof the Supreme
Court of the State 6f New York, held in
and for the County of Bronx, located at
851 Grand Concourse, The
Bronx, New York this uday of
a2020
PRESENT: HON. iviiikuwates
Justice, Supreme Court
X
KENNETH REMBERT,
Index No.: 303885/2016
-against- RENEWED
ORDER TO SHOW CAUSE
FORCE SERVICES, LLC, LUIGI FALCIANO,
DA.MON FAVILLO, DANIEL STOKES and
JOHN AND JANE DOES, said names being fictitious and
Intended to represent individual employees of
Force Services, LLC.,
Defendants.
X
UPON READING AND FILING the Affirmation of Vincent Gelardi, Esq.
affirmed the le day of March 2020, the exhibits annexed hereto, and upon all of
the papers and proceedings held herein,
vak Via3/44A1 coAVaace- Yak 4400
LET Defendants or Plaintiff appeartienC°
4e SeltherC " foto°
Novenbeg..1‘,3.0Dat 91-34/0.m at
EX PARTE =URGENT tiOnON PS kr -rife
& Supreme Court, Bronx County, at the Courthouse located at 851 Grand Concourse,
The Bronx, NY 10451 and show why an Order should not be granted, pursuant to
CPLR 321(B)(2), permitting Vincent Gelardi, Esq., of Counsel to THE DEIORIO
2 of 3
FILED: BRONX COUNTY CLERK 11/20/2020
09/16/2022 04:16
11:48 PM
AM INDEX NO. 303885/2016E
NYSCEF DOC. NO. 18
26 RECEIVED NYSCEF: 11/20/2020
09/16/2022
LAW GROUP, PLLC, attorney for Defendants, to withdraw as counsel for
Defendants, DAMON FAVILLO and DANIEL STOKES, and it is
ORDERED, that pending the hearing of this Order to Show Cause, all
proceedings in this action are stayed, and
SS C-
ORDERED, that:
(a) Service by Certified Mail Return Receipt Requested and by First class
Mail with Certificate of Mailing upon Defendants, DAMON FAVILLO and
CPU 011-6&ke 0 ctobetz. "ac 3)-0a0
DANIEL STOKES at defendants' last known addreswhall be deemed good
and sufficient service.
(b) Service by regular mail upon Stephanie R. Correa, THE COCHRAN
FIRM, 55 Broadway, 23rd, Floor, New York, New York 10006, attorney for
Plaintiff, of this Order to Show Cause together with papers upon which it is
ni ctik
r based, on or before the000 day ofOc.h4tit 2020, al Shila cimenti
ocoj eAk a(A.MeitA+ &Walter
S C-
ENTER:
(t),1 714 tnit4
DONALD A. Win
J.S.0
3 of 3
Preview
FILED: BRONX COUNTY CLERK 11/20/2020 09/16/2022 04:16 11:48 PM AM INDEX NO. 303885/2016E C(90 NYSCEF DOC. NO. 18 26 RECEIVED NYSCEF: 11/20/2020 09/16/2022 SUPREME COURT OF THE STATE OF NEW YORK L COUNTY OF BRONX, EX-PARTE AND URGENT MOTION PART X REMBERT, KENNETH Index A.2. 0303885/2016E -against- Hon. VERONICA G. HUMMEL FORCE SERVICES, LLC., Acting Justice Supreme Court X The following papers were read on this motion ( Seq. No. 2 ) TO WITHDRAW AS ATTORNEY noticed on November 16, 2020 and submitted on November 16, 2020. Order to Show Cause — Affirmation and Exhibits NYSCEF Doc. # 5-16 Upon the foregoing papers, it is ordered that this motion for an Order, pursuant to CPLR 321(B)(2), permitting Vincent Gelardi, Esq., of Counsel to THE DEIORIO LAW GROUP, PLLC, attorney for Defendants, to withdraw as counsel for Defendants, DAMON FAVILLO and DANIEL STOKES, [mot. seq. 2], submitted on default is denied. Proof of service in accordance with the directives contained in the OSC signed on October 23, 2020 was note- filed. On the date that the OSC was signed it, the return date of November 16, 2020 was set. It appears that an affidavit of service of the unsigned version of the OSC was served on September 24, 2020. Obviously, at that time there was no return date yet set by the Court. Dated: November 16, 2020 Hon. Vuct,6-6( VERONICA G. HUMMEL, A.J.S. . I. CHECK ONE O CASE DISPOSED p ITS ENTIRETY ErCSE STILL ACTIVE MOTION IS o GRANTEDLiDENIED 0 GRANTED IN PART 0 OTHER CHECK IF APPROPRIATE O SETTLE ORDER 0 SUBMIT ORDER 0 SCHEDULE APPEARANCE FIDUCIARY APPOINTMENT 0 REFEREE APPOINTMENT 1 of 3 FILED: BRONX COUNTY CLERK 11/20/2020 09/16/2022 04:16 11:48 PM AM INDEX NO. 303885/2016E NYSCEF DOC. NO. 18 26 RECEIVED NYSCEF: 11/20/2020 09/16/2022 Vincent Gelardi, Esq., of Counsel Fax: 914-253-0909 At an fix-RaFtepitartAof the Supreme Court of the State 6f New York, held in and for the County of Bronx, located at 851 Grand Concourse, The Bronx, New York this uday of a2020 PRESENT: HON. iviiikuwates Justice, Supreme Court X KENNETH REMBERT, Index No.: 303885/2016 -against- RENEWED ORDER TO SHOW CAUSE FORCE SERVICES, LLC, LUIGI FALCIANO, DA.MON FAVILLO, DANIEL STOKES and JOHN AND JANE DOES, said names being fictitious and Intended to represent individual employees of Force Services, LLC., Defendants. X UPON READING AND FILING the Affirmation of Vincent Gelardi, Esq. affirmed the le day of March 2020, the exhibits annexed hereto, and upon all of the papers and proceedings held herein, vak Via3/44A1 coAVaace- Yak 4400 LET Defendants or Plaintiff appeartienC° 4e SeltherC " foto° Novenbeg..1‘,3.0Dat 91-34/0.m at EX PARTE =URGENT tiOnON PS kr -rife & Supreme Court, Bronx County, at the Courthouse located at 851 Grand Concourse, The Bronx, NY 10451 and show why an Order should not be granted, pursuant to CPLR 321(B)(2), permitting Vincent Gelardi, Esq., of Counsel to THE DEIORIO 2 of 3 FILED: BRONX COUNTY CLERK 11/20/2020 09/16/2022 04:16 11:48 PM AM INDEX NO. 303885/2016E NYSCEF DOC. NO. 18 26 RECEIVED NYSCEF: 11/20/2020 09/16/2022 LAW GROUP, PLLC, attorney for Defendants, to withdraw as counsel for Defendants, DAMON FAVILLO and DANIEL STOKES, and it is ORDERED, that pending the hearing of this Order to Show Cause, all proceedings in this action are stayed, and SS C- ORDERED, that: (a) Service by Certified Mail Return Receipt Requested and by First class Mail with Certificate of Mailing upon Defendants, DAMON FAVILLO and CPU 011-6&ke 0 ctobetz. "ac 3)-0a0 DANIEL STOKES at defendants' last known addreswhall be deemed good and sufficient service. (b) Service by regular mail upon Stephanie R. Correa, THE COCHRAN FIRM, 55 Broadway, 23rd, Floor, New York, New York 10006, attorney for Plaintiff, of this Order to Show Cause together with papers upon which it is ni ctik r based, on or before the000 day ofOc.h4tit 2020, al Shila cimenti ocoj eAk a(A.MeitA+ &Walter S C- ENTER: (t),1 714 tnit4 DONALD A. Win J.S.0 3 of 3