On April 23, 2021 a
Motion-Secondary
was filed
involving a dispute between
Costello, Cooney & Fearon, Pllc,
and
Melinda Burdick Bowe,
for Torts - Other (Unjust Enrichment/Convers)
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/24/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
COSTELLO, COONEY & FEARON, PLLC, Index No. 003917/2021
Hon. Deborah H. Karalunas, J.S.C.
Plaintiffs,
-vs- AFFIDAVIT OF GOOD FAITH
MELINDA BURDICK BOWE,
Defendant.
STATE OF NEW YORK )
COUNTY OF ONONDAGA ) ss.:
DANIEL R. ROSE, being duly sworn, deposes and says:
1. Your deponent is an attorney duly licensed and admitted to practice law in the State
of New York and a member of Costello, Cooney & Fearon, PLLC ("CC&F"). As such, I am fully
familiar with the facts and proceedings heretofore had in this action.
8
2. I submit this Affidavit pursuant to 22 NYCRR 202.7 in support of CC&F's
application for an Order compelling defendant to provide various discovery responses, response to
Interrogatories, and produce documents and things as requested.
3. CC&F's motion is meritorious and not frivolous or intended to harass.
4. Your deponent and his partner, Paul G. Ferrara, Esq. made good-faith efforts to
resolve the issues raised herein by way of written correspondence with opposing counsel. A copy
of said correspondence is annexed to CC&F's motion papers at Exhibits G, I, L, M, N, O and P.
5. Additionally, I participated in telephone calls with opposing counsel on
Decernber 14, 2021 and February 3, 2022 regarding defendant's refusal to respond to discovery.
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FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/24/2022
6. Even following defendant's commitment to provide responses by February 11,
2022, she has still refused to comply with her discovery obligations.
7. As set forth in CC&F's motion papers, defendant has not provided any reasonable
excuse for her extreme delay, nor has she requested an extension or sought a protective order.
Accordingly, CC&F has no recourse but to seek judicial intervention.
DANIEL R. ROSE
Subscribed and sworn to before me
this 24 6 day of February, 2022.
Notary Public
LAURIE1 ALESCI
Public of New York
in the State
Notary
inOswego Co.No.01AL4873119
Qualified
Ceremission 6, 202
Expires October
My
-2-
2 of 3
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/24/2022
CERTIFICATE OF COMPLIANCE
PURSUANT TO 22 NYCRR § 202.8-b
The foregoing Affidavit was prepared on a computer.
The total number of words in the Affidavit, inclusive of point headings and footnotes, and
exclusive of the caption, the table of contents, table of citations, signature block or certificate of
compliance, etc. is 246, which complies with the word count limit.
Dated: . February 24, 2022
COSTELLO, COONEY & FEARON, PLLC
DANIEL R. ROSE b
Attorneys for Plaintiff
Costello, Cooney & Fearon, PLLC
Office and Post Office Address
211 West Jefferson Street
Syracuse, New York 13202
Telephone: (315) 422-1152
-3-
3 of 3
Document Filed Date
February 24, 2022
Case Filing Date
April 23, 2021
Category
Torts - Other (Unjust Enrichment/Convers)
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FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/24/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA COSTELLO, COONEY & FEARON, PLLC, Index No. 003917/2021 Hon. Deborah H. Karalunas, J.S.C. Plaintiffs, -vs- AFFIDAVIT OF GOOD FAITH MELINDA BURDICK BOWE, Defendant. STATE OF NEW YORK ) COUNTY OF ONONDAGA ) ss.: DANIEL R. ROSE, being duly sworn, deposes and says: 1. Your deponent is an attorney duly licensed and admitted to practice law in the State of New York and a member of Costello, Cooney & Fearon, PLLC ("CC&F"). As such, I am fully familiar with the facts and proceedings heretofore had in this action. 8 2. I submit this Affidavit pursuant to 22 NYCRR 202.7 in support of CC&F's application for an Order compelling defendant to provide various discovery responses, response to Interrogatories, and produce documents and things as requested. 3. CC&F's motion is meritorious and not frivolous or intended to harass. 4. Your deponent and his partner, Paul G. Ferrara, Esq. made good-faith efforts to resolve the issues raised herein by way of written correspondence with opposing counsel. A copy of said correspondence is annexed to CC&F's motion papers at Exhibits G, I, L, M, N, O and P. 5. Additionally, I participated in telephone calls with opposing counsel on Decernber 14, 2021 and February 3, 2022 regarding defendant's refusal to respond to discovery. 1 of 3 FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/24/2022 6. Even following defendant's commitment to provide responses by February 11, 2022, she has still refused to comply with her discovery obligations. 7. As set forth in CC&F's motion papers, defendant has not provided any reasonable excuse for her extreme delay, nor has she requested an extension or sought a protective order. Accordingly, CC&F has no recourse but to seek judicial intervention. DANIEL R. ROSE Subscribed and sworn to before me this 24 6 day of February, 2022. Notary Public LAURIE1 ALESCI Public of New York in the State Notary inOswego Co.No.01AL4873119 Qualified Ceremission 6, 202 Expires October My -2- 2 of 3 FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/24/2022 CERTIFICATE OF COMPLIANCE PURSUANT TO 22 NYCRR § 202.8-b The foregoing Affidavit was prepared on a computer. The total number of words in the Affidavit, inclusive of point headings and footnotes, and exclusive of the caption, the table of contents, table of citations, signature block or certificate of compliance, etc. is 246, which complies with the word count limit. Dated: . February 24, 2022 COSTELLO, COONEY & FEARON, PLLC DANIEL R. ROSE b Attorneys for Plaintiff Costello, Cooney & Fearon, PLLC Office and Post Office Address 211 West Jefferson Street Syracuse, New York 13202 Telephone: (315) 422-1152 -3- 3 of 3