Preview
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
EXHIBIT A
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
COSTELLO, COONEY & FEARON, PLLC,
Plaintiff, DEFENDANT'S
REQUEST FOR
VS.
INTERROGATORIES
MELINDA BURDICK BOWE,
Index No.: 003917/2021
Defendant.
Defendant Melinda Burdick Bowe ("Defendant") requests that Plaintiff, Costello, Cooney &
Fearon, PLLC ("Plaintiff'), answer under oath, in accordance with CPLR §3101(a) and §§ 3130-3133
of the Civil Practice Law and Rules, the following interrogatories within 20 days hereof.
These interrogatories shall be deemed to be continuing and shall be supplemented when
necessary to reflect the events occurring and information becoming available subsequent to the filing
of initial answers. Plaintiff is requested to answer each portion of each inquiry to the extent there is
no significant objection to such portion. Plaintiff shall identify the name of the person providing the
information used to answer each part of each interrogatory. If any answer to any part of any
interrogatory is withheld on a claim of privilege, state the basis of that claim, and identify by date the
name of the person who prepared any Document claimed to be privileged.
DEFINITIONS
Unless negated by the context of the question, the following definitions are applicable to all
inquiries set forth in these interrogatories:
1. "Plaintiff' means Costello, Cooney & Fearon, PLLC, its present and former members,
partners, officers, directors, employees, attorneys, accountants, agents, representatives and all other
parties acting on behalf of Plaintiff and/or its predecessors.
{8617603: }
Woods Oviatt Gilman LLP
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
2. "Defendant" shall mean Melinda Burdick Bowe and employees, attorneys,
accountants, agents, representatives and all other parties acting on behalf of Defendant.
3. The term "Document" shall refer to any printed, written, recorded, typed or
reproduced material, including handwritten material, or electronic or computerized matter from
whatever source, however produced or reproduced, whether in the original or otherwise, whether sent
or received or either, including the original and any non-identical copy (whether different from the
original because of notes made on or attached to such a copy or the presence of signatures indicating
execution or otherwise) including, without limitation, all correspondence, invoices, emails, electronic
text messages, faxes, agreements, contracts, statements, bills, accountings, memoranda, internal or
otherwise, notes, reports catalogs or other writings, records or data storage media, memoranda,
notes and summaries of conversations, minutes of meetings, financial records an statements, press
releases and announcements, advertisements, tape recordings, or any other similar material.
4. A Document is deemed to refer to or relate to a corporation if it refers or relates to one
or more of that corporation's directors, shareholders, officers, or employees in the context of their
activities or capacities as directors, shareholders, officers or employees.
5. A Document is deemed to refer or relate to an unincorporated entity if itrefers or
relates to one or more of their entities, partners, officers, or employees and the context of their
activities or capacities as partners, officers or employees.
6. When a request seeks all Documents of a specified category or type, and the general
request is followed by the phrase "including, but not limited to," or similar language, and by an
itemized list of Documents, or subcategories or subjects of Documents, the list of items is intended to
be exemplary, not exclusive.
{8617603: }
Woods Oviatt Gilman up
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
7. With respect to Documents, the terms "identify" and "specify" shall mean to state the
date, author, sender, copy, recipient, and type of Document (e.g., letters, memoranda, charts, etc.) or
other means of identification and its present location or custodian, and, in the case of a Document
within the possession, custody or control of Plaintiff, the Plaintiff will make it available to Defendant's
attorneys for inspection and/or copying; and in the case of a Document that was, but is no longer, in
the possession or custody and control of the Plaintiff, what disposition was made of said Document.
8. With respect to individuals, the term "identify" shall mean to state the name, person
and business addresses, personal and business telephone numbers, and identity of that individual's
position, employment and/or involvement with the Plaintiffs corporation including the length of that
position, employment and/or involvement and the principle business activities of that individual with
respect to the Plaintiffs corporation.
9. "Place" shall mean the exact address, by street, number, city and state, of any such
location, if ascertainable, or, if not, the best approximation.
10. "Date" shall mean the exact date, month and year, if ascertainable, or, if not, the best
approximation.
11. "Time" shall mean the exact time of day, if ascertainable, or, if not, the best
approximation.
INSTRUCTIONS
1. Pursuant to CPLR § 3131, Defendant requests Plaintiff to produce, with its answers
to these interrogatories, copies of all Documents and items that the Defendant requests Plaintiff to
identify in the following interrogatories, and Defendant further requests Plaintiff to retain in its
{8617603: }
Woods Oviatt Gihnan LLP
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
possession, custody or control the original of each such Document or item for discovery and
inspection at any examination before trial and upon the trial of this action.
2. Each interrogatory and each subpart of each interrogatory shall be accorded a separate
answer. Each answer shall first set forth verbatim the interrogatory to which it is responsive.
Interrogatories or subparts thereof shall not be combined for the purpose of supplying a common
answer thereto. The answer to an interrogatory of a subpart thereof shall not be supplied by referring
to the answer to another interrogatory or subpart thereof, unless the interrogatory or subpart referred
to supplies the complete and accurate answer to the interrogatory or subpart being answered.
3. Unless the interrogatory expressly identifies a different period of time, each
interrogatory shall refer to the period from March 17, 2017, to the present.
4. These interrogatories are continuing, and to the extent that Plaintiffs answers may be
enlarged, diminished or otherwise modified by information acquired by Plaintiff subsequent to the
service upon the undersigned Plaintiffs initial answers, Plaintiff is required promptly to serve
supplemental answers setting forth such information.
INTERROGATORIES
1. State the amount and date of each payment made by Plaintiff to Defendant pursuant
to the Of Counsel Agreement.
2. State the amount and date of each payment made by Plaintiff to Defendant in the
fiscal years 2020 and 2021 pursuant to Defendant's status as a member of the Plaintiff.
3. Identify the individuals who were involved in making the decision to make
distributions to Plaintiffs members for fiscal years 2020 and 2021.
4. Identify all members of Plaintiff with negative capital accounts at the end of fiscal
year 2020 and at the beginning of fiscal year 2021.
{8617603: }
Woods Oviatt Gilman LLP
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
5. Identify all clients for whom Defendant performed work through Plaintiff pursuant
to the Of Counsel Agreement.
6. Identify all clients originated by Defendant from whom Plaintiff received fees for
work performed by Plaintiff (other than Defendant) on or after the execution of the Of Counsel
Agreement.
7. Provide a list of all payments received by Plaintiff for work performed by
Defendant on or after the execution of the Of Counsel Agreement through the present, along with
the date each payment was received.
8. Provide a list of all payments received by Plaintiff from clients originated by
Defendant for work performed by others within the Plaintiff (other than Defendant) on or after the
execution of the Of Counsel Agreement, and the date that each payment was received.
9. State the amount of profit distributions made to each of Plaintiffs members for the
fiscal year 2020 and the dates the payments were made.
10. State the amount of profit distributions made to each of Plaintiffs members for the
fiscal year 2021 and the dates the payments were made.
11. State the date or dates that Plaintiff received year-end capital account calculations
for fiscal year 2020 from its accountant along with the capital account calculations for each
member.
12. Describe the fiduciary duty that is allegedly owed to the Plaintiff by Defendant,
including any citations to relevant law upon which the Plaintiff relies, for the proposition that
Defendant owes a fiduciary duty to Plaintiff as a former member of Plaintiff.
{8617603: }
Woods Oviatt Gilman up
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
13. Identify and provide copies of any meeting notices, agendas, minutes, or any other
Documents reviewed or discussed during any Executive Committee or general membership
meetings held in 2020 or 2021 relating to:
a. the calculation of distributions and/or profits for the fiscal years 2020 and/or 2021;
b. the decision to reclassify any distributions from fiscal year 2020 as advances on fiscal
year 2021 profit distributions; and
c. the status of Defendant as a member or former member with respect to (a) and (b)
above.
PLEASE TAKE NOTICE that pursuant to CPLR 3101(h), Plaintiff is under a continuing
obligation to amend or supplement answers to these Interrogatories promptly upon obtaining
information that the responses provided are incorrect or incomplete when made.
DATED: December 14, 2021
Rochester, New York
WOODS OVIATT GILMAN LLP
By:
A dre n, sq.
R he R. a lak Esq.
Attc eys ef ndant
1900 Bausch & Lomb Place
Rochester, New York 14604
585.987.2800
aryan@woodsoviatt.com
{8617603: }
Woods Oviatt Gilman LLP
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
TO: Paul G. Ferrara, Esq.
Attorneys for Plaintiff
Costello, Cooney & Fearon, PLLC
211 West Jefferson Street
Syracuse, NY 13202
315.422.1152
{8617603: }
Woods Oviatt Gilman up
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
COSTELLO, COONEY & FEARON, PLLC,
DEFENDANT'S
Plaintiff, REQUEST FOR THE
vs. PRODUCTION OF
DOCUMENTS
MELINDA BURDICK BOWE,
Index No.: 003917/2021
Defendant.
PLEASE TAKE NOTICE that, pursuant to CPLR §3101(a) and §3120(a), the Defendant,
Melinda Burdick Bowe, hereby requests that the Plaintiff, Costello, Cooney & Fearon, PLLC,
produce the following documents and materials for inspection, with leave to copy and make a
photocopy thereof, at the offices of Woods Oviatt Gilman LLP, 1900 Bausch & Lomb Place,
Rochester, New York 14604, within 20 days hereof.
Unless otherwise stated, this request pertains to the period commencing on or about March
17, 2017, and continuing through the present, and the Plaintiff is required to produce any and all
documents pertaining to this entire period.
Any and all documents are to be divulged, whether such documents are in the possession of
the Plaintiff, the Plaintiffs officers, agents, employees, attorneys, investigators, or other
representatives of the Plaintiff or its attorneys.
These document requests are intended as continuing requests. Accordingly, any documents
requested herein, which are not now in the possession of the Plaintiff or its representatives as stated
above, but which later come into its possession, are to be disclosed at such later time as they come
into the Plaintiffs possession.
{8617586: )
Woods Oviatt Gilman LLP
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
Photocopies of the documents described herein may be supplied to the undersigned in lieu of
actual production of these documents, so long as the original documents are preserved by the Plaintiff
and produced at any examination before trial and upon the trial of this action.
PLEASE TAKE FURTHER NOTICE that, in the event of your failure to comply with this
Notice, the undersigned may move to preclude you from introducing into evidence, and from
otherwise using, each of the documents described and requested herein upon a trial of this action.
DEFINITIONS
The following definitions shall apply to these requests for document production:
A. "Plaintiff' means Costello, Cooney & Fearon, PLLC, its present and former members,
partners, officers, directors, employees, attorneys, accountants, agents, representatives and all other
parties acting on behalf of Plaintiff and/or its predecessors.
B. "Defendant" shall mean Melinda Burdick Bowe and employees, attorneys,
accountants, agents, representatives and all other parties acting on behalf of Defendant.
C. The term "Document" shall refer to any printed, written, recorded, typed or
reproduced material, including handwritten material, or electronic or computerized matter from
whatever source, however produced or reproduced, whether in the original or otherwise, whether sent
or received or either, including the original and any non-identical copy (whether different from the
original because of notes made on or attached to such a copy or the presence of signatures indicating
execution or otherwise) including, without limitation, all correspondence, invoices, emails, electronic
text messages, faxes, agreements, contracts, statements, bills, accountings, memoranda, internal or
otherwise, notes, reports catalogs or other writings, records or data storage media, memoranda,
{8617586: }
Woods Oviatt Gilman LLP
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
notes and summaries of conversations, minutes of meetings, financial records and statements, press
releases and announcements, advertisements, tape recordings, or any other similar material.
D. A document is deemed to refer to or relate to a corporation if it refers or relates to one
or more of that corporation's directors, shareholders, officers, or employees in the context of their
activities or capacities as directors, shareholders, officers or employees.
E. A document is deemed to refer or relate to an unincorporated entity if it refers or relates
to one or more of their entities, partners, officers, or employees and the context of their activities or
capacities as partners, officers or employees.
F. When a request seeks all documents of a specified category or type, and the general
request is followed by the phrase "including, but not limited to," or similar language, and by an
itemized list of documents, or subcategories or subjects of documents, the list of items is intended to
be exemplary, not exclusive.
G. With respect to documents, the terms "identify" and "specify" shall mean to state the
date, author, sender, copy, recipient, and type of document (e.g., letters, memoranda, charts, etc.) or
other means of identification and its present location or custodian, and, in the case of a document
within the possession, custody or control of Plaintiff, the Plaintiff will make it available to Defendant's
attorneys for inspection and/or copying; and in the case of a document that was, but is no longer, in
the possession or custody and control of the Plaintiff, what disposition was made of said document.
H. With respect to individuals, the term "identify" shall mean to state the name, person
and business addresses, personal and business telephone numbers, and identity of that individual's
position, employment and/or involvement with the Plaintiff corporation including the length of that
position, employment and/or involvement and the principle business activities of that individual with
respect to the Plaintiff corporation.
{8617586: }
Woods Oviatt Gilman 1,Lp
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
I. "Place" shall mean the exact address, by street, number, city and state, of any such
location, if ascertainable, or, if not, the best approximation.
J. "Date" shall mean the exact date, month and year, if ascertainable, or, if not, the best
approximation.
K. "Time" shall mean the exact time of day, if ascertainable, or, if not, the best
approximation.
REQUESTS
1. All Documents that include communications between Plaintiff and any accountant or
accounting firm regarding the calculation of profits for fiscal years 2020 and 2021.
2. All Documents that include communications between Plaintiff and any accountant or
accounting firm regarding distribution of profits to members of Plaintiff for fiscal years 2020 and
2021, including payments made to Defendant, even if those communications or payments occurred
in calendar year 2021.
3. All Documents that include communications between Plaintiff and Defendant regarding
payment of fiscal year 2020 distributions, even if those communications took place in calendar
year 2021.
4. Any Document that reflects the Plaintiffs member meeting agendas, notes, minutes, and
votes from January 1, 2020 to the present.
5. Copies of all profit and loss statements for Defendant for the fiscal years 2020 and 2021,
including any drafts and interim versions of the same.
6. Copies of all Documents and/or reports (including any drafts and interim reports) from the
Plaintiffs accountants describing the capital accounts of the members of the Plaintiff for the fiscal
years 2020 and 2021.
{8617586: }
Woods Oviatt Gilman LLP
1900 Bausch & Lomb Place
Rochester, New York 14604
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022
7. Copies of all Documents and/or reports (including any drafts and interim reports) produced
by Plaintiff describing the capital accounts of all members of the Plaintiff for the fiscal years 2020
and 2021.
8. Copies of any and all Documents and/or reports (including any drafts and interim reports)
produced by Plaintiff describing the distributions of profits to the members of the Plaintiff for the
fiscal years 2020 and 2021.
PLEASE TAKE NOTICE that pursuant to CPLR 3101(h), Plaintiff is under a continuing
obligation to amend or supplement answers to this Demand For Production of Documents
promptly upon obtaining information that the responses provided are incorrect or incomplete when
made.
DATED: December 14, 2021 WOODS OVIATT GILMAN LLP
Rochester, New York
By:
An rew y , Es•
Rac el . l\aw ak, E q.
Atto ne sf efen nt
1900 ausc o Place
Rochester, New Yor 14604
585.987.2800
aryan@woodsoviatt.com
TO: Paul G. Ferrara, Esq.
Attorneys for Plaintiff
Costello, Cooney & Fearon, PLLC
211 West Jefferson Street
Syracuse, NY 13202
315.422.1152
{8617586: }
Woods Oviatt Gilman LLP
1000 Bausch & Lomb Place
Rochester, New York 14604
Preview
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 EXHIBIT A FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA COSTELLO, COONEY & FEARON, PLLC, Plaintiff, DEFENDANT'S REQUEST FOR VS. INTERROGATORIES MELINDA BURDICK BOWE, Index No.: 003917/2021 Defendant. Defendant Melinda Burdick Bowe ("Defendant") requests that Plaintiff, Costello, Cooney & Fearon, PLLC ("Plaintiff'), answer under oath, in accordance with CPLR §3101(a) and §§ 3130-3133 of the Civil Practice Law and Rules, the following interrogatories within 20 days hereof. These interrogatories shall be deemed to be continuing and shall be supplemented when necessary to reflect the events occurring and information becoming available subsequent to the filing of initial answers. Plaintiff is requested to answer each portion of each inquiry to the extent there is no significant objection to such portion. Plaintiff shall identify the name of the person providing the information used to answer each part of each interrogatory. If any answer to any part of any interrogatory is withheld on a claim of privilege, state the basis of that claim, and identify by date the name of the person who prepared any Document claimed to be privileged. DEFINITIONS Unless negated by the context of the question, the following definitions are applicable to all inquiries set forth in these interrogatories: 1. "Plaintiff' means Costello, Cooney & Fearon, PLLC, its present and former members, partners, officers, directors, employees, attorneys, accountants, agents, representatives and all other parties acting on behalf of Plaintiff and/or its predecessors. {8617603: } Woods Oviatt Gilman LLP 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 2. "Defendant" shall mean Melinda Burdick Bowe and employees, attorneys, accountants, agents, representatives and all other parties acting on behalf of Defendant. 3. The term "Document" shall refer to any printed, written, recorded, typed or reproduced material, including handwritten material, or electronic or computerized matter from whatever source, however produced or reproduced, whether in the original or otherwise, whether sent or received or either, including the original and any non-identical copy (whether different from the original because of notes made on or attached to such a copy or the presence of signatures indicating execution or otherwise) including, without limitation, all correspondence, invoices, emails, electronic text messages, faxes, agreements, contracts, statements, bills, accountings, memoranda, internal or otherwise, notes, reports catalogs or other writings, records or data storage media, memoranda, notes and summaries of conversations, minutes of meetings, financial records an statements, press releases and announcements, advertisements, tape recordings, or any other similar material. 4. A Document is deemed to refer to or relate to a corporation if it refers or relates to one or more of that corporation's directors, shareholders, officers, or employees in the context of their activities or capacities as directors, shareholders, officers or employees. 5. A Document is deemed to refer or relate to an unincorporated entity if itrefers or relates to one or more of their entities, partners, officers, or employees and the context of their activities or capacities as partners, officers or employees. 6. When a request seeks all Documents of a specified category or type, and the general request is followed by the phrase "including, but not limited to," or similar language, and by an itemized list of Documents, or subcategories or subjects of Documents, the list of items is intended to be exemplary, not exclusive. {8617603: } Woods Oviatt Gilman up 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 7. With respect to Documents, the terms "identify" and "specify" shall mean to state the date, author, sender, copy, recipient, and type of Document (e.g., letters, memoranda, charts, etc.) or other means of identification and its present location or custodian, and, in the case of a Document within the possession, custody or control of Plaintiff, the Plaintiff will make it available to Defendant's attorneys for inspection and/or copying; and in the case of a Document that was, but is no longer, in the possession or custody and control of the Plaintiff, what disposition was made of said Document. 8. With respect to individuals, the term "identify" shall mean to state the name, person and business addresses, personal and business telephone numbers, and identity of that individual's position, employment and/or involvement with the Plaintiffs corporation including the length of that position, employment and/or involvement and the principle business activities of that individual with respect to the Plaintiffs corporation. 9. "Place" shall mean the exact address, by street, number, city and state, of any such location, if ascertainable, or, if not, the best approximation. 10. "Date" shall mean the exact date, month and year, if ascertainable, or, if not, the best approximation. 11. "Time" shall mean the exact time of day, if ascertainable, or, if not, the best approximation. INSTRUCTIONS 1. Pursuant to CPLR § 3131, Defendant requests Plaintiff to produce, with its answers to these interrogatories, copies of all Documents and items that the Defendant requests Plaintiff to identify in the following interrogatories, and Defendant further requests Plaintiff to retain in its {8617603: } Woods Oviatt Gihnan LLP 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 possession, custody or control the original of each such Document or item for discovery and inspection at any examination before trial and upon the trial of this action. 2. Each interrogatory and each subpart of each interrogatory shall be accorded a separate answer. Each answer shall first set forth verbatim the interrogatory to which it is responsive. Interrogatories or subparts thereof shall not be combined for the purpose of supplying a common answer thereto. The answer to an interrogatory of a subpart thereof shall not be supplied by referring to the answer to another interrogatory or subpart thereof, unless the interrogatory or subpart referred to supplies the complete and accurate answer to the interrogatory or subpart being answered. 3. Unless the interrogatory expressly identifies a different period of time, each interrogatory shall refer to the period from March 17, 2017, to the present. 4. These interrogatories are continuing, and to the extent that Plaintiffs answers may be enlarged, diminished or otherwise modified by information acquired by Plaintiff subsequent to the service upon the undersigned Plaintiffs initial answers, Plaintiff is required promptly to serve supplemental answers setting forth such information. INTERROGATORIES 1. State the amount and date of each payment made by Plaintiff to Defendant pursuant to the Of Counsel Agreement. 2. State the amount and date of each payment made by Plaintiff to Defendant in the fiscal years 2020 and 2021 pursuant to Defendant's status as a member of the Plaintiff. 3. Identify the individuals who were involved in making the decision to make distributions to Plaintiffs members for fiscal years 2020 and 2021. 4. Identify all members of Plaintiff with negative capital accounts at the end of fiscal year 2020 and at the beginning of fiscal year 2021. {8617603: } Woods Oviatt Gilman LLP 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 5. Identify all clients for whom Defendant performed work through Plaintiff pursuant to the Of Counsel Agreement. 6. Identify all clients originated by Defendant from whom Plaintiff received fees for work performed by Plaintiff (other than Defendant) on or after the execution of the Of Counsel Agreement. 7. Provide a list of all payments received by Plaintiff for work performed by Defendant on or after the execution of the Of Counsel Agreement through the present, along with the date each payment was received. 8. Provide a list of all payments received by Plaintiff from clients originated by Defendant for work performed by others within the Plaintiff (other than Defendant) on or after the execution of the Of Counsel Agreement, and the date that each payment was received. 9. State the amount of profit distributions made to each of Plaintiffs members for the fiscal year 2020 and the dates the payments were made. 10. State the amount of profit distributions made to each of Plaintiffs members for the fiscal year 2021 and the dates the payments were made. 11. State the date or dates that Plaintiff received year-end capital account calculations for fiscal year 2020 from its accountant along with the capital account calculations for each member. 12. Describe the fiduciary duty that is allegedly owed to the Plaintiff by Defendant, including any citations to relevant law upon which the Plaintiff relies, for the proposition that Defendant owes a fiduciary duty to Plaintiff as a former member of Plaintiff. {8617603: } Woods Oviatt Gilman up 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 13. Identify and provide copies of any meeting notices, agendas, minutes, or any other Documents reviewed or discussed during any Executive Committee or general membership meetings held in 2020 or 2021 relating to: a. the calculation of distributions and/or profits for the fiscal years 2020 and/or 2021; b. the decision to reclassify any distributions from fiscal year 2020 as advances on fiscal year 2021 profit distributions; and c. the status of Defendant as a member or former member with respect to (a) and (b) above. PLEASE TAKE NOTICE that pursuant to CPLR 3101(h), Plaintiff is under a continuing obligation to amend or supplement answers to these Interrogatories promptly upon obtaining information that the responses provided are incorrect or incomplete when made. DATED: December 14, 2021 Rochester, New York WOODS OVIATT GILMAN LLP By: A dre n, sq. R he R. a lak Esq. Attc eys ef ndant 1900 Bausch & Lomb Place Rochester, New York 14604 585.987.2800 aryan@woodsoviatt.com {8617603: } Woods Oviatt Gilman LLP 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 TO: Paul G. Ferrara, Esq. Attorneys for Plaintiff Costello, Cooney & Fearon, PLLC 211 West Jefferson Street Syracuse, NY 13202 315.422.1152 {8617603: } Woods Oviatt Gilman up 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA COSTELLO, COONEY & FEARON, PLLC, DEFENDANT'S Plaintiff, REQUEST FOR THE vs. PRODUCTION OF DOCUMENTS MELINDA BURDICK BOWE, Index No.: 003917/2021 Defendant. PLEASE TAKE NOTICE that, pursuant to CPLR §3101(a) and §3120(a), the Defendant, Melinda Burdick Bowe, hereby requests that the Plaintiff, Costello, Cooney & Fearon, PLLC, produce the following documents and materials for inspection, with leave to copy and make a photocopy thereof, at the offices of Woods Oviatt Gilman LLP, 1900 Bausch & Lomb Place, Rochester, New York 14604, within 20 days hereof. Unless otherwise stated, this request pertains to the period commencing on or about March 17, 2017, and continuing through the present, and the Plaintiff is required to produce any and all documents pertaining to this entire period. Any and all documents are to be divulged, whether such documents are in the possession of the Plaintiff, the Plaintiffs officers, agents, employees, attorneys, investigators, or other representatives of the Plaintiff or its attorneys. These document requests are intended as continuing requests. Accordingly, any documents requested herein, which are not now in the possession of the Plaintiff or its representatives as stated above, but which later come into its possession, are to be disclosed at such later time as they come into the Plaintiffs possession. {8617586: ) Woods Oviatt Gilman LLP 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 Photocopies of the documents described herein may be supplied to the undersigned in lieu of actual production of these documents, so long as the original documents are preserved by the Plaintiff and produced at any examination before trial and upon the trial of this action. PLEASE TAKE FURTHER NOTICE that, in the event of your failure to comply with this Notice, the undersigned may move to preclude you from introducing into evidence, and from otherwise using, each of the documents described and requested herein upon a trial of this action. DEFINITIONS The following definitions shall apply to these requests for document production: A. "Plaintiff' means Costello, Cooney & Fearon, PLLC, its present and former members, partners, officers, directors, employees, attorneys, accountants, agents, representatives and all other parties acting on behalf of Plaintiff and/or its predecessors. B. "Defendant" shall mean Melinda Burdick Bowe and employees, attorneys, accountants, agents, representatives and all other parties acting on behalf of Defendant. C. The term "Document" shall refer to any printed, written, recorded, typed or reproduced material, including handwritten material, or electronic or computerized matter from whatever source, however produced or reproduced, whether in the original or otherwise, whether sent or received or either, including the original and any non-identical copy (whether different from the original because of notes made on or attached to such a copy or the presence of signatures indicating execution or otherwise) including, without limitation, all correspondence, invoices, emails, electronic text messages, faxes, agreements, contracts, statements, bills, accountings, memoranda, internal or otherwise, notes, reports catalogs or other writings, records or data storage media, memoranda, {8617586: } Woods Oviatt Gilman LLP 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 notes and summaries of conversations, minutes of meetings, financial records and statements, press releases and announcements, advertisements, tape recordings, or any other similar material. D. A document is deemed to refer to or relate to a corporation if it refers or relates to one or more of that corporation's directors, shareholders, officers, or employees in the context of their activities or capacities as directors, shareholders, officers or employees. E. A document is deemed to refer or relate to an unincorporated entity if it refers or relates to one or more of their entities, partners, officers, or employees and the context of their activities or capacities as partners, officers or employees. F. When a request seeks all documents of a specified category or type, and the general request is followed by the phrase "including, but not limited to," or similar language, and by an itemized list of documents, or subcategories or subjects of documents, the list of items is intended to be exemplary, not exclusive. G. With respect to documents, the terms "identify" and "specify" shall mean to state the date, author, sender, copy, recipient, and type of document (e.g., letters, memoranda, charts, etc.) or other means of identification and its present location or custodian, and, in the case of a document within the possession, custody or control of Plaintiff, the Plaintiff will make it available to Defendant's attorneys for inspection and/or copying; and in the case of a document that was, but is no longer, in the possession or custody and control of the Plaintiff, what disposition was made of said document. H. With respect to individuals, the term "identify" shall mean to state the name, person and business addresses, personal and business telephone numbers, and identity of that individual's position, employment and/or involvement with the Plaintiff corporation including the length of that position, employment and/or involvement and the principle business activities of that individual with respect to the Plaintiff corporation. {8617586: } Woods Oviatt Gilman 1,Lp 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 I. "Place" shall mean the exact address, by street, number, city and state, of any such location, if ascertainable, or, if not, the best approximation. J. "Date" shall mean the exact date, month and year, if ascertainable, or, if not, the best approximation. K. "Time" shall mean the exact time of day, if ascertainable, or, if not, the best approximation. REQUESTS 1. All Documents that include communications between Plaintiff and any accountant or accounting firm regarding the calculation of profits for fiscal years 2020 and 2021. 2. All Documents that include communications between Plaintiff and any accountant or accounting firm regarding distribution of profits to members of Plaintiff for fiscal years 2020 and 2021, including payments made to Defendant, even if those communications or payments occurred in calendar year 2021. 3. All Documents that include communications between Plaintiff and Defendant regarding payment of fiscal year 2020 distributions, even if those communications took place in calendar year 2021. 4. Any Document that reflects the Plaintiffs member meeting agendas, notes, minutes, and votes from January 1, 2020 to the present. 5. Copies of all profit and loss statements for Defendant for the fiscal years 2020 and 2021, including any drafts and interim versions of the same. 6. Copies of all Documents and/or reports (including any drafts and interim reports) from the Plaintiffs accountants describing the capital accounts of the members of the Plaintiff for the fiscal years 2020 and 2021. {8617586: } Woods Oviatt Gilman LLP 1900 Bausch & Lomb Place Rochester, New York 14604 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 05/11/2022 7. Copies of all Documents and/or reports (including any drafts and interim reports) produced by Plaintiff describing the capital accounts of all members of the Plaintiff for the fiscal years 2020 and 2021. 8. Copies of any and all Documents and/or reports (including any drafts and interim reports) produced by Plaintiff describing the distributions of profits to the members of the Plaintiff for the fiscal years 2020 and 2021. PLEASE TAKE NOTICE that pursuant to CPLR 3101(h), Plaintiff is under a continuing obligation to amend or supplement answers to this Demand For Production of Documents promptly upon obtaining information that the responses provided are incorrect or incomplete when made. DATED: December 14, 2021 WOODS OVIATT GILMAN LLP Rochester, New York By: An rew y , Es• Rac el . l\aw ak, E q. Atto ne sf efen nt 1900 ausc o Place Rochester, New Yor 14604 585.987.2800 aryan@woodsoviatt.com TO: Paul G. Ferrara, Esq. Attorneys for Plaintiff Costello, Cooney & Fearon, PLLC 211 West Jefferson Street Syracuse, NY 13202 315.422.1152 {8617586: } Woods Oviatt Gilman LLP 1000 Bausch & Lomb Place Rochester, New York 14604