Preview
FILED: SUFFOLK COUNTY CLERK 08/23/2022 12:15 PM INDEX NO. 616339/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-----------------------------------------------------x
MATTEO RUSSO, AN INFANT OVER THE AGE OF FOURTEEN
(14) YEARS, BY HIS MOTHER AND NATURAL GUARDIAN,
ROSSANA RUSSO, 616339/2022
Petitioner(s), Index No.
- against -
VIVICTOR M. CALCANO AND BARBARA A. CALCANO,
Respondent(s).
------------------------------------------------------x
NOTICE TO COUNTY CLERK
AMENDMENT TO CAPTION
MATTEO RUSSO, AN INFANT OVER THE AGE OF FOURTEEN (14) YEARS, BY HIS MOTHER
AND NATURAL GUARDIAN, ROSSANA RUSSO, Petitioners in this case, hereby request that:
the County Clerk amend the caption to conform to the caption in the amended pleading filed as Document
Number 11, by removing Infant Petitioner Matteo Russo's full name and using his initials only, M R.
(See attached).
[ ] by adding the following parties as plaintiff(s)/petitioner(s):
[ ] by adding the following parties as defendant(s)/respondent(s):
[ ] by adding the following parties as _________________________:
`
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FILED: SUFFOLK COUNTY CLERK 08/23/2022 12:15 PM INDEX NO. 616339/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2022
The basis for this amendment is:
[ ] A stipulation of all parties who have appeared in this matter (copy attached); or
[xxx] An amendment as of right under CPLR § 1003.
Dated: August 23, 2022 __________________________ (Signature)
ARNOLD N. KRISS, ESQ. (Name)
LAW OFFICES OF ARNOLD N. KRISS (Firm)
123 William Street, 15th Floor
(Address)
New York, New York 10038
212-577-2000 (Phone)
212-577-2138 (Fax)
akriss@lawkriss.com (E-Mail)
Attorney(s) for Petitioners
THIS FORM (FILED AS A COVER PAGE), A COPY OF THE AMENDED CAPTION AS IT APPEARS
ON THE NEWLY-FILED PLEADING, AND ANY OTHER ACCOMPANYING DOCUMENT MUST
BE E-FILED AS ONE PDF.
7/10/13
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FILED: SUFFOLK COUNTY CLERK 08/23/2022 12:15 PM INDEX NO. 616339/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2022
SUPREME COURT OF THE STATE OF NEWYORK
COUNTY OF SUFFOLK
-------------------------------------------------------------x
MIIIIII �' AN INFANT OVER THE AGE OF
FOURTEEN (14) YEARS, BY ms MOTHER AND
NATURAL GUARDIAN, ROSSANA RUSSO,
Petitioners, Index No.
616339/2022
- against -
VICTOR M. CALCANO AND BARBARA A. CALCANO
Respondents.
-------------------------------------------------------------x
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FILED: SUFFOLK COUNTY CLERK 08/23/2022 11:40
12:15 AM
PM INDEX NO. 616339/2022
NYSCEF DOC. NO. 11
12 RECEIVED NYSCEF: 08/23/2022
Supreme Court of the State of New York in
and for the County of Suffolk, at the
Courthouse thereof in Riverhead, New York
on the ____ day of ______________, 2022.
-----------------------------------------------------------------------------------------x
M R AN INFANT OVER THE AGE OF
FOURTEEN (14) YEARS, BY HIS MOTHER AND NATURAL
GUARDIAN, ROSSANA RUSSO, AMENDED PETITION
Petitioners,
Index No. : 616339/2022
- against -
VICTOR M. CALCANO AND BARBARA A. CALCANO,
Respondents.
------------------------------------------------------------------------------------------x
1. By Affidavit of Petitioner ROSSANA RUSSO, (“Petitioner ROSSANA”),
Mother and Natural Guardian of Infant Petitioner, M R , (“Infant Petitioner
M ”) sworn to the 11th day of August, 2022, the Affidavit of Infant Petitioner, M ,
an infant over the age of fourteen (14) years, sworn to the 11th day of August, 2022; an Attorney’s
Affirmation of JOHN C. THEOODORELLIS, ESQ. dated the 11th day of August, 2022; a
Physician’s Affidavit of JOHN A. GRANT, M.D., dated the 2nd day of August, and proof of the
offer of settlement from PROGRESSIVE CASUALTY INSURANCE COMPANY
(“PROGRESSIVE”) dated June 22, 2022, Petitioners, by their attorneys, LAW OFFICES OF
ARNOLD N. KRISS, hereby submit the within Order for Compromise and respectfully request that said
Order be granted by the Court.
2. No previous application has been made for the relief requested.
WHEREFORE, Petitioners respectfully request that the Court consent to the Compromise of Infant
Petitioner M ’s settlement of his personal injury claim against Respondents, VICTOR M.
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FILED: SUFFOLK COUNTY CLERK 08/23/2022 11:40
12:15 AM
PM INDEX NO. 616339/2022
NYSCEF DOC. NO. 11
12 RECEIVED NYSCEF: 08/23/2022
CALCANO AND BARBARA A. CALCANO, together with such other and further relief as the Court
deems just proper and equitable.
Dated: New York, New York
August 23, 2022 ,ESQ.
so moldN. Kriss
Atto ys for Petitioners
Office & P.O. Address
123 William Street, 15th Floor
New York, New York 10038
(212) 577-2000
2
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FILED: SUFFOLK COUNTY CLERK 08/23/2022 11:40
12:15 AM
PM INDEX NO. 616339/2022
NYSCEF DOC. NO. 11
12 RECEIVED NYSCEF: 08/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
��.AN INFANT OVER THE AGE OF
FOURTEEN (14) YEARS, BY HIS MOTHER AND
NATURAL GUARDIAN, ROSSANA RUSSO, Index No.
616339/2022
Petitioners,
- against -
VICTOR M. CALCANO AND BARBARA A. CALCANO,
Respondents.
----------------------x
AMENDED PETITION
Law Offices of Arnold N. Kriss
123 William Street, 15th Floor
New York, New York 10038
(212 ) 577-2000
Counsel for Plaintiff
STATE OF NEW YORK )
ss.:
COUNTY OF NEW YORK )
CERTIFICATION: I, hereby certify that all of the papers that I have served, filed or submitted to the
court in this action are not frivolous as defined in subsection (c) ofSectionl30-l. l of the Rules of the Chief
Administrator of the Courts.
Dated: August23, 2022
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FILED: SUFFOLK COUNTY CLERK 08/23/2022 12:15 PM INDEX NO. 616339/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------------------------x MATTEO RUSSO, AN INFANT OVER THE AGE OF FOURTEEN (14) YEARS, BY HIS MOTHER AND NATURAL GUARDIAN, ROSSANA RUSSO, 616339/2022 Petitioner(s), Index No. - against - VIVICTOR M. CALCANO AND BARBARA A. CALCANO, Respondent(s). ------------------------------------------------------x NOTICE TO COUNTY CLERK AMENDMENT TO CAPTION MATTEO RUSSO, AN INFANT OVER THE AGE OF FOURTEEN (14) YEARS, BY HIS MOTHER AND NATURAL GUARDIAN, ROSSANA RUSSO, Petitioners in this case, hereby request that: the County Clerk amend the caption to conform to the caption in the amended pleading filed as Document Number 11, by removing Infant Petitioner Matteo Russo's full name and using his initials only, M R. (See attached). [ ] by adding the following parties as plaintiff(s)/petitioner(s): [ ] by adding the following parties as defendant(s)/respondent(s): [ ] by adding the following parties as _________________________: ` 1 of 6 FILED: SUFFOLK COUNTY CLERK 08/23/2022 12:15 PM INDEX NO. 616339/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2022 The basis for this amendment is: [ ] A stipulation of all parties who have appeared in this matter (copy attached); or [xxx] An amendment as of right under CPLR § 1003. Dated: August 23, 2022 __________________________ (Signature) ARNOLD N. KRISS, ESQ. (Name) LAW OFFICES OF ARNOLD N. KRISS (Firm) 123 William Street, 15th Floor (Address) New York, New York 10038 212-577-2000 (Phone) 212-577-2138 (Fax) akriss@lawkriss.com (E-Mail) Attorney(s) for Petitioners THIS FORM (FILED AS A COVER PAGE), A COPY OF THE AMENDED CAPTION AS IT APPEARS ON THE NEWLY-FILED PLEADING, AND ANY OTHER ACCOMPANYING DOCUMENT MUST BE E-FILED AS ONE PDF. 7/10/13 2 2 of 6 FILED: SUFFOLK COUNTY CLERK 08/23/2022 12:15 PM INDEX NO. 616339/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/23/2022 SUPREME COURT OF THE STATE OF NEWYORK COUNTY OF SUFFOLK -------------------------------------------------------------x MIIIIII �' AN INFANT OVER THE AGE OF FOURTEEN (14) YEARS, BY ms MOTHER AND NATURAL GUARDIAN, ROSSANA RUSSO, Petitioners, Index No. 616339/2022 - against - VICTOR M. CALCANO AND BARBARA A. CALCANO Respondents. -------------------------------------------------------------x 3 of 6 FILED: SUFFOLK COUNTY CLERK 08/23/2022 11:40 12:15 AM PM INDEX NO. 616339/2022 NYSCEF DOC. NO. 11 12 RECEIVED NYSCEF: 08/23/2022 Supreme Court of the State of New York in and for the County of Suffolk, at the Courthouse thereof in Riverhead, New York on the ____ day of ______________, 2022. -----------------------------------------------------------------------------------------x M R AN INFANT OVER THE AGE OF FOURTEEN (14) YEARS, BY HIS MOTHER AND NATURAL GUARDIAN, ROSSANA RUSSO, AMENDED PETITION Petitioners, Index No. : 616339/2022 - against - VICTOR M. CALCANO AND BARBARA A. CALCANO, Respondents. ------------------------------------------------------------------------------------------x 1. By Affidavit of Petitioner ROSSANA RUSSO, (“Petitioner ROSSANA”), Mother and Natural Guardian of Infant Petitioner, M R , (“Infant Petitioner M ”) sworn to the 11th day of August, 2022, the Affidavit of Infant Petitioner, M , an infant over the age of fourteen (14) years, sworn to the 11th day of August, 2022; an Attorney’s Affirmation of JOHN C. THEOODORELLIS, ESQ. dated the 11th day of August, 2022; a Physician’s Affidavit of JOHN A. GRANT, M.D., dated the 2nd day of August, and proof of the offer of settlement from PROGRESSIVE CASUALTY INSURANCE COMPANY (“PROGRESSIVE”) dated June 22, 2022, Petitioners, by their attorneys, LAW OFFICES OF ARNOLD N. KRISS, hereby submit the within Order for Compromise and respectfully request that said Order be granted by the Court. 2. No previous application has been made for the relief requested. WHEREFORE, Petitioners respectfully request that the Court consent to the Compromise of Infant Petitioner M ’s settlement of his personal injury claim against Respondents, VICTOR M. 1 4 of 3 6 FILED: SUFFOLK COUNTY CLERK 08/23/2022 11:40 12:15 AM PM INDEX NO. 616339/2022 NYSCEF DOC. NO. 11 12 RECEIVED NYSCEF: 08/23/2022 CALCANO AND BARBARA A. CALCANO, together with such other and further relief as the Court deems just proper and equitable. Dated: New York, New York August 23, 2022 ,ESQ. so moldN. Kriss Atto ys for Petitioners Office & P.O. Address 123 William Street, 15th Floor New York, New York 10038 (212) 577-2000 2 5 of 3 6 FILED: SUFFOLK COUNTY CLERK 08/23/2022 11:40 12:15 AM PM INDEX NO. 616339/2022 NYSCEF DOC. NO. 11 12 RECEIVED NYSCEF: 08/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ��.AN INFANT OVER THE AGE OF FOURTEEN (14) YEARS, BY HIS MOTHER AND NATURAL GUARDIAN, ROSSANA RUSSO, Index No. 616339/2022 Petitioners, - against - VICTOR M. CALCANO AND BARBARA A. CALCANO, Respondents. ----------------------x AMENDED PETITION Law Offices of Arnold N. Kriss 123 William Street, 15th Floor New York, New York 10038 (212 ) 577-2000 Counsel for Plaintiff STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) CERTIFICATION: I, hereby certify that all of the papers that I have served, filed or submitted to the court in this action are not frivolous as defined in subsection (c) ofSectionl30-l. l of the Rules of the Chief Administrator of the Courts. Dated: August23, 2022 3 6 of 3 6