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INDEX NO. 603610/2935;
RECEIVED NYSCEF: 11/06/2015
NYSCEF DOC. NO. 12
chy of
AF Gr Ek
Supreme Court of the State
of New York, heid in and for the
County of NASSAU, ai ihe
Courthouse thereof, at 100 Supreme
oi Drive, Mineola, New York, on the
ol Gay of Alay: , 2075.
PRESENT:
Hon. 20H. 8, Being COZ AERIS te
Justice
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
— annem X af
MARIA DELGADO, ay PLE ADE
é . ORDER To sHowy CAUSE
Piaintiff, .
“against: index No. 601610/2015
NELSON ROJAS,
Defendant.
- nec x
Upon the annexed affirmation of JOEL L. LEVINE, dated October 27, 2018 4nd upon
all the pleadings and proceedings heretofore had and filed herein:
SUFFICIENT REASON APPEARING THEREFORE,
LET, the DEFENDANTS and their atiorney’s, Show Cause at the SUPREME Court,
NASSAU County, ested at 100 Supreme Court Drive, Mineola, New York onthe i 4,
day of NOVEMBER, 2015 at 9:30 o’clock in the forenoon of that day or as soon thereafter as
counsel can be heard:
WHY ar Order should not be made and entered restoring this case to active status,
along with any other and further relief this Court deems just and proper.
SUFFICIENT REASON APPEARING THEREFORE,11/2/2015 9:04 AM : 25BOCA-GWFAX -> 15167402838 Page 3 of 3
Let service of this Order to Show Cause and the papers upon which it is based upon
NELSON ROJAS, 136 Henry Street, Valley Steam, NY 11580 by certified mail RRR and
regular mail on or before the i Oly of Now. , 2015, be deemed good
sufficient service.SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
wan nn _X
MARIA DELGADO, AFFIRMATION IN
SUPPORT
Plaintif,
-against- Index No. 601610/2015
NELSON ROJAS,
Defendant.
oe ee en xX
JOELL. LEVINE, an attorney duly admitted to practice in the Courts of the State of New
York, affirms the following statements are true under the penalty of perjury and pursuant to
Rule 2106 of the CPLR.
1. 1am a member of the law firm of LEVINE AND WISS, PLLC., the attorneys for
the Plaintiff. This affirmation is made upon information and belief, my source of knowledge
being the file in this matter maintained by this office.
2. This affirmation is submitted in support of the instant application for an Order
restoring this matter to active status and scheduling another Inquest Hearing.
3. This is an action to recover damages for severe personal injuries sustained by
plaintiff, MARIA DELGADO when she fell down the stairs at the location of 136 Henry Street,
Valley Stream, New York on February 1, 2015.
4, Your affirmant's recently learned that this matter was marked disposed
based upon Plaintiffs; failure to appear at the Inquest Hearing. Your affirmants office did
appear after the calendar call. As a result, this action was marked “disposed”. Plaintiff has
no intention of abandoning or dismissing this action and therefore if is respectfully requested
that the case be restored to active status.5. Plaintiff respectfully requests that this Court restore the matter to active status
and have the case resolved on the merits. Plaintiff has patiently been awaiting her day in court
and would be severely prejudiced by any further delays incurred preventing this matter from
being moved forward and resolved on its merits.
6. No prior application for the retief sought herein has been made.
WHEREFORE, it is respectfully requested that this Court issue an order restoring this
case fo active status, scheduling another Inquest Hearing and for such other and further relief
as to this Court may deem just and proper.
Dated: October 27, 2015
West Hempstead, New York
IL. Levine, Esq.AFFIDAVIT OF SERVICE VIA CERTIFIED MAIL :RRR and REGULAR MAIL
STATE OF NEW YORK)
COUNTY OF NASSAU)
EDNITA TORRES, being duly sworn, deposes and says:
That deponent is not a party to the action, is over I8 years of age and
resides in New York.
That on November 2, 2015 deponent served the within ORDER TO
SHOW CAUSE, by depositing a true copy thereof enclosed in a postpaid properly
addressed wrapper, in an official depository under the exclusive care and custody
of the United States Postal Service within New York State, addressed to each of the
following persons at the last known address set forth after each name:
NELSON ROJAS
136 Henry Street /
Valley Stream, NY 11580
EDNITA TORRES
“7015 O640 0003 3075 7226
i
{
Sworn to before me o
Nayember 2, 2015
otk
Notary Public
3}
‘soe pue eBuye0d 1102)
en
pemrbey enwevdig uopyE]
'§ fenec poesy Kew poo [I
(bweanzets disomy umoy EY
Kdooprey) tecey wureeas 7]
(axeucosdde 20 005 990 704 30040} S08 @ SBOINES BIDE]
NICOLE GALLUCCIO
Commissioner of Deads, City of New York
ne 2-12481
Cert. Filed in Kings Coun!
Commission Expires July 1, Mt F
8
$
$s
——__—~ § Aegon pamasey emnebig iney EJ
BEE ROE Pyle eee iP ine. — |e)
exe}
sreunsog
Preview
INDEX NO. 603610/2935; RECEIVED NYSCEF: 11/06/2015 NYSCEF DOC. NO. 12 chy of AF Gr Ek Supreme Court of the State of New York, heid in and for the County of NASSAU, ai ihe Courthouse thereof, at 100 Supreme oi Drive, Mineola, New York, on the ol Gay of Alay: , 2075. PRESENT: Hon. 20H. 8, Being COZ AERIS te Justice SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU — annem X af MARIA DELGADO, ay PLE ADE é . ORDER To sHowy CAUSE Piaintiff, . “against: index No. 601610/2015 NELSON ROJAS, Defendant. - nec x Upon the annexed affirmation of JOEL L. LEVINE, dated October 27, 2018 4nd upon all the pleadings and proceedings heretofore had and filed herein: SUFFICIENT REASON APPEARING THEREFORE, LET, the DEFENDANTS and their atiorney’s, Show Cause at the SUPREME Court, NASSAU County, ested at 100 Supreme Court Drive, Mineola, New York onthe i 4, day of NOVEMBER, 2015 at 9:30 o’clock in the forenoon of that day or as soon thereafter as counsel can be heard: WHY ar Order should not be made and entered restoring this case to active status, along with any other and further relief this Court deems just and proper. SUFFICIENT REASON APPEARING THEREFORE,11/2/2015 9:04 AM : 25BOCA-GWFAX -> 15167402838 Page 3 of 3 Let service of this Order to Show Cause and the papers upon which it is based upon NELSON ROJAS, 136 Henry Street, Valley Steam, NY 11580 by certified mail RRR and regular mail on or before the i Oly of Now. , 2015, be deemed good sufficient service.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU wan nn _X MARIA DELGADO, AFFIRMATION IN SUPPORT Plaintif, -against- Index No. 601610/2015 NELSON ROJAS, Defendant. oe ee en xX JOELL. LEVINE, an attorney duly admitted to practice in the Courts of the State of New York, affirms the following statements are true under the penalty of perjury and pursuant to Rule 2106 of the CPLR. 1. 1am a member of the law firm of LEVINE AND WISS, PLLC., the attorneys for the Plaintiff. This affirmation is made upon information and belief, my source of knowledge being the file in this matter maintained by this office. 2. This affirmation is submitted in support of the instant application for an Order restoring this matter to active status and scheduling another Inquest Hearing. 3. This is an action to recover damages for severe personal injuries sustained by plaintiff, MARIA DELGADO when she fell down the stairs at the location of 136 Henry Street, Valley Stream, New York on February 1, 2015. 4, Your affirmant's recently learned that this matter was marked disposed based upon Plaintiffs; failure to appear at the Inquest Hearing. Your affirmants office did appear after the calendar call. As a result, this action was marked “disposed”. Plaintiff has no intention of abandoning or dismissing this action and therefore if is respectfully requested that the case be restored to active status.5. Plaintiff respectfully requests that this Court restore the matter to active status and have the case resolved on the merits. Plaintiff has patiently been awaiting her day in court and would be severely prejudiced by any further delays incurred preventing this matter from being moved forward and resolved on its merits. 6. No prior application for the retief sought herein has been made. WHEREFORE, it is respectfully requested that this Court issue an order restoring this case fo active status, scheduling another Inquest Hearing and for such other and further relief as to this Court may deem just and proper. Dated: October 27, 2015 West Hempstead, New York IL. Levine, Esq.AFFIDAVIT OF SERVICE VIA CERTIFIED MAIL :RRR and REGULAR MAIL STATE OF NEW YORK) COUNTY OF NASSAU) EDNITA TORRES, being duly sworn, deposes and says: That deponent is not a party to the action, is over I8 years of age and resides in New York. That on November 2, 2015 deponent served the within ORDER TO SHOW CAUSE, by depositing a true copy thereof enclosed in a postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: NELSON ROJAS 136 Henry Street / Valley Stream, NY 11580 EDNITA TORRES “7015 O640 0003 3075 7226 i { Sworn to before me o Nayember 2, 2015 otk Notary Public 3} ‘soe pue eBuye0d 1102) en pemrbey enwevdig uopyE] '§ fenec poesy Kew poo [I (bweanzets disomy umoy EY Kdooprey) tecey wureeas 7] (axeucosdde 20 005 990 704 30040} S08 @ SBOINES BIDE] NICOLE GALLUCCIO Commissioner of Deads, City of New York ne 2-12481 Cert. Filed in Kings Coun! Commission Expires July 1, Mt F 8 $ $s ——__—~ § Aegon pamasey emnebig iney EJ BEE ROE Pyle eee iP ine. — |e) exe} sreunsog