Preview
FILED: BRONX COUNTY CLERK 10/14/2022 04:04 PM INDEX NO. 303885/2016E
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/14/2022
SUPREME COIJ'RT OF THE STATE OF NEW YORK
COUNTY OF BRONX, PART IA-8
x
KENNETH REMBERT Index Ns. : 303 885/2016E
-against- Hon. Leticia M. Ramirez
FORCE SERVICES, LLC, LUIGI FALCIANO, DAMON Acting Justice Supreme Court
FAVILLO, DANIEL STOKESand JOHN JANE DOES,
said names being ficticious and intended to represent
individual employees of FORCE SERVICES, LLC.
x
The following papers numbered 22 to 47 on NYSCEF were read on this motion ( Seq. No. 3 & 4 )
for Relieve as Counsel.
Notice of Motion - Order to Show Cause - Exhibits and Affidavits Annexed No(s) 22 - 37, 48 - 49&38 - 47
Answering Affidavit and Exhibits No(s)
Replying Affidavit and Exhibits No(s)
Order to Show Cause (Motion #3) brought by counsel for Defendants, Damon Favillo and Daniel Stokes,
which seeks to be relieved in their representation of said defendants based upon, inter alia, a conflict of interest,is
I
hereby granted.
Accordingly, it is
ORDERED, Deiorio Law Group, PLLC., counsel for defendants, Damon Favillo and Daniel Stokes, is
hereby relieved.
ORDERED, Vincent Gelardi, counsel with Deiorio Law Group, PLLC, is directed to serve a copy of this
decision with Notice ofEntry upon all parties. Defendants will have 30 days after receipt of this Decision to
ii obtain new counsel.
.9
o ORDERED, thc matter is stayed for 35 days.
ORDERED, Motion #4 brought by plaintiffwhich seeks to strike the Answer of defendants is adjoumed
e to November 21, 2022 at l0:00am. Plaintiffis directed to serve defendants and/or new counsel no later than
-b November 14,2022.
This constitutes the Decision and Order of this Court
e
.2
tr ..
'.= !) Dated: Octobcr 12, 2022 Hon.
>d Leticia M. Ramirez,
t. CHECK ONE....................... A CASE DISPOSED IN ITS ENTIRETY X CASE STILL ACTIVE
2. MOTTON 1S.......................... X GRANTED O DENIED GRANTED IN PART X OTHER
3. CHECK IF APPROPRIATE O SETTLE ORDER tr SUBMIT ORDER D SCHEDT]LE APPEARANCE
tr FIDUCIARY APPOINTMENT tr RDFEREE APPOINTMENT
1 of 3
FILED: BRONX COUNTY CLERK 10/14/2022 04:04 PM INDEX NO. 303885/2016E
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/14/2022
Vincent Gelardi, Esq., of Counsel
Fax: 914-253-0909
Email: ve@vinccntselardi.com g
At an IAS Partrof the Supreme Courl,
of the State oftew Yor[. held in and
for the County of Bronx, at the
Courthouse located at 851 Grand
Concourse. Bronx. New York on
the-..lj4day or &?u*loee- zozz
HON. LETICIA M. RAMIREZ
fi PRESENT:
Court J'S'C
k5 Justice, Supreme
X
KENNETH REMBERT,
Plaintiff, Index No.: 303885/2016
-agarnst-
ORDER TO SHOW CAUSE
FORCE SERVICES, LLC, LUIGI FALCIANO,
DAMON 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 the reading and filing of the annexed Affidavit of Defendant, Luigi
Falciano, dated August fi ,2022, Affirmation of Vincent Gelardi, Esq. affirmed the
r'
7'h day of September 2022, and the exhibits annexed thereto, and all of the papers
and proceedings held herein, and upon Motion of Delorio Law Group, PLLC,
attorneys
' for defendants;
r^1"*r^.. od/oe t (
Preview
FILED: BRONX COUNTY CLERK 10/14/2022 04:04 PM INDEX NO. 303885/2016E NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/14/2022 SUPREME COIJ'RT OF THE STATE OF NEW YORK COUNTY OF BRONX, PART IA-8 x KENNETH REMBERT Index Ns. : 303 885/2016E -against- Hon. Leticia M. Ramirez FORCE SERVICES, LLC, LUIGI FALCIANO, DAMON Acting Justice Supreme Court FAVILLO, DANIEL STOKESand JOHN JANE DOES, said names being ficticious and intended to represent individual employees of FORCE SERVICES, LLC. x The following papers numbered 22 to 47 on NYSCEF were read on this motion ( Seq. No. 3 & 4 ) for Relieve as Counsel. Notice of Motion - Order to Show Cause - Exhibits and Affidavits Annexed No(s) 22 - 37, 48 - 49&38 - 47 Answering Affidavit and Exhibits No(s) Replying Affidavit and Exhibits No(s) Order to Show Cause (Motion #3) brought by counsel for Defendants, Damon Favillo and Daniel Stokes, which seeks to be relieved in their representation of said defendants based upon, inter alia, a conflict of interest,is I hereby granted. Accordingly, it is ORDERED, Deiorio Law Group, PLLC., counsel for defendants, Damon Favillo and Daniel Stokes, is hereby relieved. ORDERED, Vincent Gelardi, counsel with Deiorio Law Group, PLLC, is directed to serve a copy of this decision with Notice ofEntry upon all parties. Defendants will have 30 days after receipt of this Decision to ii obtain new counsel. .9 o ORDERED, thc matter is stayed for 35 days. ORDERED, Motion #4 brought by plaintiffwhich seeks to strike the Answer of defendants is adjoumed e to November 21, 2022 at l0:00am. Plaintiffis directed to serve defendants and/or new counsel no later than -b November 14,2022. This constitutes the Decision and Order of this Court e .2 tr .. '.= !) Dated: Octobcr 12, 2022 Hon. >d Leticia M. Ramirez, t. CHECK ONE....................... A CASE DISPOSED IN ITS ENTIRETY X CASE STILL ACTIVE 2. MOTTON 1S.......................... X GRANTED O DENIED GRANTED IN PART X OTHER 3. CHECK IF APPROPRIATE O SETTLE ORDER tr SUBMIT ORDER D SCHEDT]LE APPEARANCE tr FIDUCIARY APPOINTMENT tr RDFEREE APPOINTMENT 1 of 3 FILED: BRONX COUNTY CLERK 10/14/2022 04:04 PM INDEX NO. 303885/2016E NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/14/2022 Vincent Gelardi, Esq., of Counsel Fax: 914-253-0909 Email: ve@vinccntselardi.com g At an IAS Partrof the Supreme Courl, of the State oftew Yor[. held in and for the County of Bronx, at the Courthouse located at 851 Grand Concourse. Bronx. New York on the-..lj4day or &?u*loee- zozz HON. LETICIA M. RAMIREZ fi PRESENT: Court J'S'C k5 Justice, Supreme X KENNETH REMBERT, Plaintiff, Index No.: 303885/2016 -agarnst- ORDER TO SHOW CAUSE FORCE SERVICES, LLC, LUIGI FALCIANO, DAMON 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 the reading and filing of the annexed Affidavit of Defendant, Luigi Falciano, dated August fi ,2022, Affirmation of Vincent Gelardi, Esq. affirmed the r' 7'h day of September 2022, and the exhibits annexed thereto, and all of the papers and proceedings held herein, and upon Motion of Delorio Law Group, PLLC, attorneys ' for defendants; r^1"*r^.. od/oe t (