On April 23, 2021 a
Letter,Correspondence
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
211 W JeffersonSt.,Suite1
Syracuse, NY 13202
Tel:315.422.1152Fax: 315.422.1139
CC X )NEY & ITARON. Pl .1 t
www.ccf-law.com
ExperienceInnovation
Paul G. Ferrara, Partner
pferrara@ccf-law.com
Also Admittedin Massachusetts
May 10, 2022
VIA NYSCEF
Hon. Deborah H. Karalunas, J.S.C.
Onondaga County Courthouse
401 Montgomery Street
Syracuse, New York 13202
Re: Costello, Cooney & Fearon, PLLC v. Bowe
Index No.: 003917/2021
Dear Justice Karalunas:
Presently pending before this Court is a motion to compel defendant's responses to various
discovery devices and Interrogatories. Please allow this letter to serve as a status update on that
motion. Since service of our motion, we have received certain responses from defendant.
Thereafter, we held a telephone conference with defendant's counsel and obtained supplemental
responses and document production based upon our discussion. Accordingly, we are now able to
withdraw the majority of our pending motion.
The sole remaining item of contention is defendant's refusal to produce her tax returns. As
the Court is aware, our Complaint is based upon defendant's receipt of monies to which she was
not entitled, which were distributions made to the partners following her withdrawal as a member
of the firm. Defendant claims those monies were 2020 distributions, and that she was therefore
entitled to them. Defendant's treatment of that income in her tax returns, in either 2020 or 2021,
is accordingly material and reasonably calculated to lead to the discovery of admissible evidence
in this matter. We have discussed this with defense counsel, and defendant stillrefuses to provide
her Federal and State returns. Moreover, defendant has even claimed some undefined privilege
with respect to her K-ls from her time as a member of the firm, although those K-1s were generated
by our accountants, at our request. Her privilege log is attached to this letter as Exhibit R and is
incorporated in our motion. Notwithstanding defendant's objections to providing her own tax
returns, we have provided defendant with our firm returns for 2017-2020, subject to the stipulated
confidentiality order.
ALBANY OFFICE CAZENOVIA OFFICE
220 Columbia Turnpike| Rensselaer, NY12144 SMillStreet| Cazenovia, NY13035
Hon. Deborah H. Karalunas, J.S.C.
May 10, 2022
Page 2
We thank the Court for its anticipated attention to these matters, and look forward to
addressing the same with the Court at motion term on May 25, 2022.
Very truly yours,
COSTELLO,COONEY &F ,PLLC
P G. Ferrara
PGF/lja
cc: Andrew J. Ryan, Esq. (via NYSCEF)
Document Filed Date
May 10, 2022
Case Filing Date
April 23, 2021
Category
Torts - Other (Unjust Enrichment/Convers)
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211 W JeffersonSt.,Suite1 Syracuse, NY 13202 Tel:315.422.1152Fax: 315.422.1139 CC X )NEY & ITARON. Pl .1 t www.ccf-law.com ExperienceInnovation Paul G. Ferrara, Partner pferrara@ccf-law.com Also Admittedin Massachusetts May 10, 2022 VIA NYSCEF Hon. Deborah H. Karalunas, J.S.C. Onondaga County Courthouse 401 Montgomery Street Syracuse, New York 13202 Re: Costello, Cooney & Fearon, PLLC v. Bowe Index No.: 003917/2021 Dear Justice Karalunas: Presently pending before this Court is a motion to compel defendant's responses to various discovery devices and Interrogatories. Please allow this letter to serve as a status update on that motion. Since service of our motion, we have received certain responses from defendant. Thereafter, we held a telephone conference with defendant's counsel and obtained supplemental responses and document production based upon our discussion. Accordingly, we are now able to withdraw the majority of our pending motion. The sole remaining item of contention is defendant's refusal to produce her tax returns. As the Court is aware, our Complaint is based upon defendant's receipt of monies to which she was not entitled, which were distributions made to the partners following her withdrawal as a member of the firm. Defendant claims those monies were 2020 distributions, and that she was therefore entitled to them. Defendant's treatment of that income in her tax returns, in either 2020 or 2021, is accordingly material and reasonably calculated to lead to the discovery of admissible evidence in this matter. We have discussed this with defense counsel, and defendant stillrefuses to provide her Federal and State returns. Moreover, defendant has even claimed some undefined privilege with respect to her K-ls from her time as a member of the firm, although those K-1s were generated by our accountants, at our request. Her privilege log is attached to this letter as Exhibit R and is incorporated in our motion. Notwithstanding defendant's objections to providing her own tax returns, we have provided defendant with our firm returns for 2017-2020, subject to the stipulated confidentiality order. ALBANY OFFICE CAZENOVIA OFFICE 220 Columbia Turnpike| Rensselaer, NY12144 SMillStreet| Cazenovia, NY13035 Hon. Deborah H. Karalunas, J.S.C. May 10, 2022 Page 2 We thank the Court for its anticipated attention to these matters, and look forward to addressing the same with the Court at motion term on May 25, 2022. Very truly yours, COSTELLO,COONEY &F ,PLLC P G. Ferrara PGF/lja cc: Andrew J. Ryan, Esq. (via NYSCEF)