On August 05, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Austin Potter,
and
Franklin County,
Franklin County Department Of Social Services,
Michelle A Miller
A K A Michelle A. Duquette,
Youth Advocacy Programs
A K A Youth Advocacy Programs, Inc. A K A Youth Advocacy Program Of Franklin County,
for Torts - Child Victims Act
in the District Court of Franklin County.
Preview
FILED: FRANKLIN COUNTY CLERK 10/28/2021 02:41 PM INDEX NO. E2021-552
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/28/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF FRANKLIN
AUSTIN POTTER,
Plaintiff,
-against-
Index No.: EF2021-552
FRANKLIN COUNTY, FRANKLIN COUNTY
DEPARTMENT OF SOCIAL SERVICES, YOUTH
ADVOCACY PROGRAMS a/k/a YOUTH
ADVOCACY PROGRAMS, INC. a/k/a YOUTH
ADVOCACY PROGRAM OF FRANKLIN
COUNTY, and MICHELLE A. MILLER a/k/a
MICHELLE A. DUQUETTE,
Defendants.
NOTICE OF MOTION FOR SUMMARY JUDGMENT
_____
ON BEHALF OF: Defendant YOUTH ADVOCACY PROGRAMS a/k/a
YOUTH ADVOCACY PROGRAMS, INC. a/k/a YOUTH
ADVOCACY PROGRAM OF FRANKLIN COUNTY
DATE, TIME AND
LOCATION: November 24, 2021 at 9:30 a.m. at the Franklin County
Courthouse, 355 West Main St., Malone, NY 12953
NATURE OF ACTION: Child Victims Act, negligence, negligent supervision,
premises liability, assault, battery
PAPERS SUBMITTED: Attorney Affirmation of Steven V. DeBraccio, Esq., dated
October 28, 2021, with annexed exhibits; Affidavit of
Richard Stottlemyer II, dated October 27, 2021; and
Memorandum of Law.
RELIEF SOUGHT: An order pursuant to CPLR 3212, dismissing plaintiff's
complaint in its entirety, with prejudice, and such other
relief as may be just and proper.
{AO625
150.1}
1 of 2
FILED: FRANKLIN COUNTY CLERK 10/28/2021 02:41 PM INDEX NO. E2021-552
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/28/2021
ANSWERING PAPERS: If any, must be served no later than seven (7) days prior to
the return date, pursuant to CPLR 2214 (b). Pursuant to
CPLR 2214 (b) and 2215, cross-motions must be served at
least seven (7) days before the return date of this motion.
DATED: October 28, 2021
Albany, New York
BURKE, SCOLAMIERO & HURD, LLP
BY:
Steven V. DeBraccio, Esq.
Attorneys for Defendant Youth Advocacy
Programs a/k/a Youth Advocacy Programs,
Inc. a/k/a Youth Advocacy Program of
Franklin County
7 Washington Square
P.O. Box 15085
Albany, New York 12212-5085
Tel. No.: (518) 862-1386
VIA NYSCEF
TO: Adam P. Slater, Esq.
Linc C. Leder, Esq.
SLATER SLATER SCHULMAN LLP
Attorneys for Plaintiff
488 Madison Ave., 20th Floor
New York, NY 10022
Tel. No.: (212) 922-0906
John D. Aspland, Jr., Esq.
FITZGERALD MORRIS BAKER FIRTH, P.C.
69 Warren Street - P.O. Box 2017
Glens Falls, New York 12801
Attorneys for Defendants Franklin County
Franklin County Department of Social Services
{A0625150.1}2
2 of 2
Category
Torts - Child Victims Act
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FILED: FRANKLIN COUNTY CLERK 10/28/2021 02:41 PM INDEX NO. E2021-552 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/28/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF FRANKLIN AUSTIN POTTER, Plaintiff, -against- Index No.: EF2021-552 FRANKLIN COUNTY, FRANKLIN COUNTY DEPARTMENT OF SOCIAL SERVICES, YOUTH ADVOCACY PROGRAMS a/k/a YOUTH ADVOCACY PROGRAMS, INC. a/k/a YOUTH ADVOCACY PROGRAM OF FRANKLIN COUNTY, and MICHELLE A. MILLER a/k/a MICHELLE A. DUQUETTE, Defendants. NOTICE OF MOTION FOR SUMMARY JUDGMENT _____ ON BEHALF OF: Defendant YOUTH ADVOCACY PROGRAMS a/k/a YOUTH ADVOCACY PROGRAMS, INC. a/k/a YOUTH ADVOCACY PROGRAM OF FRANKLIN COUNTY DATE, TIME AND LOCATION: November 24, 2021 at 9:30 a.m. at the Franklin County Courthouse, 355 West Main St., Malone, NY 12953 NATURE OF ACTION: Child Victims Act, negligence, negligent supervision, premises liability, assault, battery PAPERS SUBMITTED: Attorney Affirmation of Steven V. DeBraccio, Esq., dated October 28, 2021, with annexed exhibits; Affidavit of Richard Stottlemyer II, dated October 27, 2021; and Memorandum of Law. RELIEF SOUGHT: An order pursuant to CPLR 3212, dismissing plaintiff's complaint in its entirety, with prejudice, and such other relief as may be just and proper. {AO625 150.1} 1 of 2 FILED: FRANKLIN COUNTY CLERK 10/28/2021 02:41 PM INDEX NO. E2021-552 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/28/2021 ANSWERING PAPERS: If any, must be served no later than seven (7) days prior to the return date, pursuant to CPLR 2214 (b). Pursuant to CPLR 2214 (b) and 2215, cross-motions must be served at least seven (7) days before the return date of this motion. DATED: October 28, 2021 Albany, New York BURKE, SCOLAMIERO & HURD, LLP BY: Steven V. DeBraccio, Esq. Attorneys for Defendant Youth Advocacy Programs a/k/a Youth Advocacy Programs, Inc. a/k/a Youth Advocacy Program of Franklin County 7 Washington Square P.O. Box 15085 Albany, New York 12212-5085 Tel. No.: (518) 862-1386 VIA NYSCEF TO: Adam P. Slater, Esq. Linc C. Leder, Esq. SLATER SLATER SCHULMAN LLP Attorneys for Plaintiff 488 Madison Ave., 20th Floor New York, NY 10022 Tel. No.: (212) 922-0906 John D. Aspland, Jr., Esq. FITZGERALD MORRIS BAKER FIRTH, P.C. 69 Warren Street - P.O. Box 2017 Glens Falls, New York 12801 Attorneys for Defendants Franklin County Franklin County Department of Social Services {A0625150.1}2 2 of 2