On April 23, 2021 a
Exhibit,Appendix
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. 31 RECEIVED NYSCEF: 02/24/2022
EXHIBIT “G”
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/24/2022
211 W JeffersonSt.,Syracuse, NY 13202
C TELLOSO
Tel:315.422.1152 | Fax:
315.422.1139
COONEY & FEARON, PLLC
ExperienceInnovation Paul G. Ferrara, Partner
pjellafdcckla_Ecoq!
Also Admittedin Massachusetts
October 5, 2021
Andrew J. Ryan, Esq.
Woods Oviatt Gilman LLP
1900 Bausch & Lomb Place
Rochester, New York 14604
Re: Costello, Cooney & Fearon, PLLC v. Bowe
Index No.: 003917/2021
Dear Andy:
We are in receipt of your letter dated September 30, 2021 and e-mail of October 1, 2021.
Please allow the following to serve as our objection and response.
With respect to Defendant's refusal to respond to our Demand for Defendant's Residence,
her objection is without any basis. The entirety of Section 3118 of the Civil Practice Law and
Rules reads:
A party may serve on any party a written notice demanding a
verified statement setting forth the post office address and residence
of the party, of any specified officer or member of the party or of
any person who possessed a cause of action or defense asserted in
the action which has been assigned. The demand shall be complied
with within ten days of itsservice.
Defendant has no basis in the law to avoid responding to this simple discovery device, which seeks
the most basic of information from her. With respect to the further assertion that you represent
"Plaintiff"
and all communications can be sent to you, we assume such is a typographical error.
In any event, the statute does not exempt compliance with the statute where a party has retained
counsel with whom communications must flow. See CPLR § 3118. As such, please provide a
proper response.
"A"
Secondly, concerning your request for Exhibit to the stipulated Order for the
Production and Exchange of Confidential Information, it is located as the final page of the
document previously sent to your office on several occasions. The designation of that page as
'A' "
"Exhibit is contained as the top of the page. For your convenience, enclosed it a copy of
ALBANY OFFICE CAZENOVIA OFFICE
220 Columbia Turnpike| Rensselaer, NY12144 5 Mill
Street| Cazenovia, NY13035
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/24/2022
Andrew J. Ryan, Esq.
October 5, 2021
Page 2
Exhibit "A". We look forward to receipt of the partially executed stipulation for filing with the
Court so we can move this litigation forward.
We thank you for your anticipated attention to these matters. Should you have any
questions or comments, please do not hesitate to contact me.
Very truly yours,
COSTELLO, COONEY & FEARON, PLLC
Paul G. Ferrara
PGF/lja
Enclosure
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/24/2022
"A"
EXHIBIT
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
COSTELLO, COONEY & FEARON, PLLC
Index No. 003917/2021
Plaintiff,
-vs- AGREEMENT WITH
RESPECT TO
MELINDA BURDICK BOWE, CONFIDENTIAL MATERIAL
Defendant.
I, _ state that:
1. My address is
2. My present occupation or job description is
3. I have received a copy of the Stipulation for the Production and Exchange of Confidential
"Stipulation"
Information (the entered in the above-entitled action on
4. I have carefully read and understand the provisions of the Stipulation.
5. I will comply with allof the provisions of the Stipulation.
6. I will hold in confidence, will not disclose to anyone not qualified under the Stipulation,
and will use only for purposes of this action, any Confidential Infonmation that is disclosed to me.
7. I will return allConfidential Information that comes into my possession, and documents or
things that I have prepared relating thereto, to counsel for the party by whom I am employed or retained,
or to counsel from whom I received the Confidential Information.
8. I hereby submit to the jurisdiction of this court for the purpose of enforcement of the
Stipulation in this action.
Dated: __
12
Document Filed Date
February 24, 2022
Case Filing Date
April 23, 2021
Category
Torts - Other (Unjust Enrichment/Convers)
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Preview
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/24/2022 EXHIBIT “G” FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/24/2022 211 W JeffersonSt.,Syracuse, NY 13202 C TELLOSO Tel:315.422.1152 | Fax: 315.422.1139 COONEY & FEARON, PLLC ExperienceInnovation Paul G. Ferrara, Partner pjellafdcckla_Ecoq! Also Admittedin Massachusetts October 5, 2021 Andrew J. Ryan, Esq. Woods Oviatt Gilman LLP 1900 Bausch & Lomb Place Rochester, New York 14604 Re: Costello, Cooney & Fearon, PLLC v. Bowe Index No.: 003917/2021 Dear Andy: We are in receipt of your letter dated September 30, 2021 and e-mail of October 1, 2021. Please allow the following to serve as our objection and response. With respect to Defendant's refusal to respond to our Demand for Defendant's Residence, her objection is without any basis. The entirety of Section 3118 of the Civil Practice Law and Rules reads: A party may serve on any party a written notice demanding a verified statement setting forth the post office address and residence of the party, of any specified officer or member of the party or of any person who possessed a cause of action or defense asserted in the action which has been assigned. The demand shall be complied with within ten days of itsservice. Defendant has no basis in the law to avoid responding to this simple discovery device, which seeks the most basic of information from her. With respect to the further assertion that you represent "Plaintiff" and all communications can be sent to you, we assume such is a typographical error. In any event, the statute does not exempt compliance with the statute where a party has retained counsel with whom communications must flow. See CPLR § 3118. As such, please provide a proper response. "A" Secondly, concerning your request for Exhibit to the stipulated Order for the Production and Exchange of Confidential Information, it is located as the final page of the document previously sent to your office on several occasions. The designation of that page as 'A' " "Exhibit is contained as the top of the page. For your convenience, enclosed it a copy of ALBANY OFFICE CAZENOVIA OFFICE 220 Columbia Turnpike| Rensselaer, NY12144 5 Mill Street| Cazenovia, NY13035 FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/24/2022 Andrew J. Ryan, Esq. October 5, 2021 Page 2 Exhibit "A". We look forward to receipt of the partially executed stipulation for filing with the Court so we can move this litigation forward. We thank you for your anticipated attention to these matters. Should you have any questions or comments, please do not hesitate to contact me. Very truly yours, COSTELLO, COONEY & FEARON, PLLC Paul G. Ferrara PGF/lja Enclosure FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/24/2022 "A" EXHIBIT STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA COSTELLO, COONEY & FEARON, PLLC Index No. 003917/2021 Plaintiff, -vs- AGREEMENT WITH RESPECT TO MELINDA BURDICK BOWE, CONFIDENTIAL MATERIAL Defendant. I, _ state that: 1. My address is 2. My present occupation or job description is 3. I have received a copy of the Stipulation for the Production and Exchange of Confidential "Stipulation" Information (the entered in the above-entitled action on 4. I have carefully read and understand the provisions of the Stipulation. 5. I will comply with allof the provisions of the Stipulation. 6. I will hold in confidence, will not disclose to anyone not qualified under the Stipulation, and will use only for purposes of this action, any Confidential Infonmation that is disclosed to me. 7. I will return allConfidential Information that comes into my possession, and documents or things that I have prepared relating thereto, to counsel for the party by whom I am employed or retained, or to counsel from whom I received the Confidential Information. 8. I hereby submit to the jurisdiction of this court for the purpose of enforcement of the Stipulation in this action. Dated: __ 12