On April 23, 2021 a
No Value
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 11/30/2022 03:23 PM INDEX NO. 003917/2021
For use of Clerk
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/30/2022
NOTE OF ISSUE
Calendar No. (ifany)
Index No. 003917/2021
Supreme Court, Onondaga County, NY
Deborah H. Karalunas
Nameof Judgeassigned
COSTELLO, COONEY & FEARON, PLLC, NOTICE FOR TRIAL
Trialby jury demanded
E Of allissues
O Of issues specified
below or attached hereto
O Trialwithout jury
Filed by attorney forplaintiff.
Date summons served May 6.2021
Date service completed May 6, 2021
Date issue joined June 18,2021
Plaintiff(s), NATURE OF ACTION OR SPECIAL PROCEEDING
against O Tort: O Motor vehiclenegligence
O Medical malpractice
MELINDA BURDICK BOWE,
O Other tort
¡ Contested matrimonial
O Uncontested matrimonial
O Tax certiorari
O Condemnation
O Other (not itemized above) specify
O This action is broughtas a classaction
O This is a medical malpractice action:panel procedures
prescribed by courtrules pursuant to Jud. § 148-a.
O have been completed O have not been completed
Amount demanded $200,000.00
Other relief:
statutory interestand costs
Defendant(s)
Special preference claimed under Insurance carrier(s),ifknown:
on the ground that
PAUL G. FFERRARA WOODS OVIATT GILMAN LLP
Attorney(s) for Plaintiff Attorney(s) for Defendant
Office & P.O. Address: Office & P.O. Address:
211 W. Jefferson Street,Ste.I 1900 Bausch & Lomb Place
Syracuse, NY 13202 Rochester, NY 14604
Phone No.: (315) 422-1152 Phone No.: (585) 987-2800
NOTE: Clerk willnot accept thisnote ofissueunless accompanied by a certificate
of readiness,or,in a medical malpractice action,unless,
where applicable,the certificate
of readinesspreviously has been filedand thepanel procedures prescribed by court rulespursuant
to section148-aof theJudiciary Law have been completed.
1 of 2
FILED: ONONDAGA COUNTY CLERK 11/30/2022 03:23 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/30/2022
CERTIFICATE OF READINESS FOR TRIAL
For use ofClerk
(Items 1-7 must be checked)
N.I. served
on
Completed Waived Not required
1. Allpleadings served........................................................................................
2. Billof particularsserved.................................................................................
3. Physicalexaminations completed ...................................................................
4. Medical reports exchanged..............................................................................
5. Appraisal reportsexchanged...........................................................................
6. Compliance with the Rules in matrimonial actions(22 NYCRR 202.16).......
7. Discovery proceedings now known to be necessary completed......................
8. There are no outstanding requests for discovery,except foras noted below.
9. There has not yetbeen a reasonable opportunity to complete the foregoing proceedings.
10. There has been compliance with any order issued pursuant to thePrecalendar Rules (22 NYCRR 202.12).
11. Ifa medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56.
12. The caseis ready fortrial.*
Defendant has previously objected to plaintiff's amendment of the Complaint. Following completion of depositions,
scheduled for December 6-7, 2022, plaintiffanticipates being able to make a motion for such amen nt to conform to the
proof.
Dated: November 30, 2022
PAUJ . FERRARA
COSTELLO, COONEY & FEARON, PLLC
Attorneys for Plaintiff
Office & P.O. Address
21 1 West Jefferson Street
Syracuse, New York 13202
State ofNew York
County of Onondaga ss.:
Olivia M. Campbell, being duly sworn, deposes and says; that
deponent is not a party to the action, is over 18 years of age and
resides at East NY. 30th
Syracuse, That on the day of November,
2022 deponent served the within note of issue and certificateof
readiness on the attorneys for the defendant named herein, by
electronicallyfilingwith the Clerk's Office thereby generating same
via electronicmail to 11counsel.
via . ampbe
Sworn to beforeme on November 30, 2022.
otary Public
SUSAN M. MARTING
State
Public, of blow York
Notary
No. 01MA6115671
Residing In Oswego County
Commission Expires9/13/2
My
2 of 2
Document Filed Date
November 30, 2022
Case Filing Date
April 23, 2021
Category
Torts - Other (Unjust Enrichment/Convers)
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Preview
FILED: ONONDAGA COUNTY CLERK 11/30/2022 03:23 PM INDEX NO. 003917/2021 For use of Clerk NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/30/2022 NOTE OF ISSUE Calendar No. (ifany) Index No. 003917/2021 Supreme Court, Onondaga County, NY Deborah H. Karalunas Nameof Judgeassigned COSTELLO, COONEY & FEARON, PLLC, NOTICE FOR TRIAL Trialby jury demanded E Of allissues O Of issues specified below or attached hereto O Trialwithout jury Filed by attorney forplaintiff. Date summons served May 6.2021 Date service completed May 6, 2021 Date issue joined June 18,2021 Plaintiff(s), NATURE OF ACTION OR SPECIAL PROCEEDING against O Tort: O Motor vehiclenegligence O Medical malpractice MELINDA BURDICK BOWE, O Other tort ¡ Contested matrimonial O Uncontested matrimonial O Tax certiorari O Condemnation O Other (not itemized above) specify O This action is broughtas a classaction O This is a medical malpractice action:panel procedures prescribed by courtrules pursuant to Jud. § 148-a. O have been completed O have not been completed Amount demanded $200,000.00 Other relief: statutory interestand costs Defendant(s) Special preference claimed under Insurance carrier(s),ifknown: on the ground that PAUL G. FFERRARA WOODS OVIATT GILMAN LLP Attorney(s) for Plaintiff Attorney(s) for Defendant Office & P.O. Address: Office & P.O. Address: 211 W. Jefferson Street,Ste.I 1900 Bausch & Lomb Place Syracuse, NY 13202 Rochester, NY 14604 Phone No.: (315) 422-1152 Phone No.: (585) 987-2800 NOTE: Clerk willnot accept thisnote ofissueunless accompanied by a certificate of readiness,or,in a medical malpractice action,unless, where applicable,the certificate of readinesspreviously has been filedand thepanel procedures prescribed by court rulespursuant to section148-aof theJudiciary Law have been completed. 1 of 2 FILED: ONONDAGA COUNTY CLERK 11/30/2022 03:23 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/30/2022 CERTIFICATE OF READINESS FOR TRIAL For use ofClerk (Items 1-7 must be checked) N.I. served on Completed Waived Not required 1. Allpleadings served........................................................................................ 2. Billof particularsserved................................................................................. 3. Physicalexaminations completed ................................................................... 4. Medical reports exchanged.............................................................................. 5. Appraisal reportsexchanged........................................................................... 6. Compliance with the Rules in matrimonial actions(22 NYCRR 202.16)....... 7. Discovery proceedings now known to be necessary completed...................... 8. There are no outstanding requests for discovery,except foras noted below. 9. There has not yetbeen a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance with any order issued pursuant to thePrecalendar Rules (22 NYCRR 202.12). 11. Ifa medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56. 12. The caseis ready fortrial.* Defendant has previously objected to plaintiff's amendment of the Complaint. Following completion of depositions, scheduled for December 6-7, 2022, plaintiffanticipates being able to make a motion for such amen nt to conform to the proof. Dated: November 30, 2022 PAUJ . FERRARA COSTELLO, COONEY & FEARON, PLLC Attorneys for Plaintiff Office & P.O. Address 21 1 West Jefferson Street Syracuse, New York 13202 State ofNew York County of Onondaga ss.: Olivia M. Campbell, being duly sworn, deposes and says; that deponent is not a party to the action, is over 18 years of age and resides at East NY. 30th Syracuse, That on the day of November, 2022 deponent served the within note of issue and certificateof readiness on the attorneys for the defendant named herein, by electronicallyfilingwith the Clerk's Office thereby generating same via electronicmail to 11counsel. via . ampbe Sworn to beforeme on November 30, 2022. otary Public SUSAN M. MARTING State Public, of blow York Notary No. 01MA6115671 Residing In Oswego County Commission Expires9/13/2 My 2 of 2