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:315.422.1152 ! Fax: 315.422.1139
COONEY & FEARON, PI I C
www.ccf-law.com
Experience Innovation
Daniel R. Rose, Partner
drose@ccf4aw.com
January 19, 2023
VIA NYSCEF
Hon. Rory A. McMahon
Onondaga County Courthouse
401 Montgomery Street
Syracuse, New York 13202
Re: Costello, Cooney & Fearon, PLLC v. Bowe
Index No.: 003917/2021
Dear Justice McMahon:
We are in receipt of the notification reassigning the above-referenced matter. In light of
this reassignment, I write regarding several scheduling matters.
Presently pending before the Court is a motion we filed on January 13, 2023 for leave to
amend the Complaint, based upon documents discovered and testimony obtained in the course of
disclosure. Although the Trial Note of Issue was filed on November 30, 2022 at the explicit
direction of the Court, we did not conduct party depositions in this matter until December 6-7,
2022, based upon a prior agreement. Thus, plaintiff's motion to amend could not be filed until
depositions were completed and transcripts received.
The pending motion was made returnable before Justice Karalunas on February 15, 2023.
Based upon a conversation with Defendant's counsel, Defendant intends to oppose that motion,
and would request that the motion be made returnable at the Court's convenience following his
trial scheduled to run February 3-9, 2023.
Separately, with the Note of Issue now filed, the parties have deadlines to file dispositive
motions. However, itis respectfully submitted that dispositive motions would be premature until
the issue of the amendment of the Complaint is resolved. Accordingly, we would respectfully
request that the deadline to filedispositive motions be reset to sixty (60) days after service of an
Order resolving the pending motion for leave to amend, with Notice of Entry. Upon consultation
with Defendant's counsel, Defendant joins in this request.
ALBANY OFFICE CAZENOVIA OFFICE
220 Columbia Turnpike| Rensselaer, NY 12144 5 Mill
Street\ Cazenovia, NY13035
Hon. Rory A. McMahon
January 19, 2023
Page 2
We thank the Court for its courtesies in this regard. Should you have any questions or
comments, please do not hesitate to contact me.
Very truly yours,
COSTELLO,COONEY & FEARON,PLLC
Daniel R. Rose
DRR/ome
cc: Andrew J. Esq. - via NYSCEF
Ryan,
Document Filed Date
January 19, 2023
Case Filing Date
April 23, 2021
Category
Torts - Other (Unjust Enrichment/Convers)
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211 W JeffersonSt.,Suite1 Syracuse, NY 13202 Tel:315.422.1152 ! Fax: 315.422.1139 COONEY & FEARON, PI I C www.ccf-law.com Experience Innovation Daniel R. Rose, Partner drose@ccf4aw.com January 19, 2023 VIA NYSCEF Hon. Rory A. McMahon Onondaga County Courthouse 401 Montgomery Street Syracuse, New York 13202 Re: Costello, Cooney & Fearon, PLLC v. Bowe Index No.: 003917/2021 Dear Justice McMahon: We are in receipt of the notification reassigning the above-referenced matter. In light of this reassignment, I write regarding several scheduling matters. Presently pending before the Court is a motion we filed on January 13, 2023 for leave to amend the Complaint, based upon documents discovered and testimony obtained in the course of disclosure. Although the Trial Note of Issue was filed on November 30, 2022 at the explicit direction of the Court, we did not conduct party depositions in this matter until December 6-7, 2022, based upon a prior agreement. Thus, plaintiff's motion to amend could not be filed until depositions were completed and transcripts received. The pending motion was made returnable before Justice Karalunas on February 15, 2023. Based upon a conversation with Defendant's counsel, Defendant intends to oppose that motion, and would request that the motion be made returnable at the Court's convenience following his trial scheduled to run February 3-9, 2023. Separately, with the Note of Issue now filed, the parties have deadlines to file dispositive motions. However, itis respectfully submitted that dispositive motions would be premature until the issue of the amendment of the Complaint is resolved. Accordingly, we would respectfully request that the deadline to filedispositive motions be reset to sixty (60) days after service of an Order resolving the pending motion for leave to amend, with Notice of Entry. Upon consultation with Defendant's counsel, Defendant joins in this request. ALBANY OFFICE CAZENOVIA OFFICE 220 Columbia Turnpike| Rensselaer, NY 12144 5 Mill Street\ Cazenovia, NY13035 Hon. Rory A. McMahon January 19, 2023 Page 2 We thank the Court for its courtesies in this regard. Should you have any questions or comments, please do not hesitate to contact me. Very truly yours, COSTELLO,COONEY & FEARON,PLLC Daniel R. Rose DRR/ome cc: Andrew J. Esq. - via NYSCEF Ryan,