Preview
FILED: NEW YORK COUNTY CLERK 01/04/2023 03:40 PM INDEX NO. 651260/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 01/04/2023
Exhibit 4
FILED: NEW YORK COUNTY CLERK 01/04/2023 03:40 PM INDEX NO. 651260/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 01/04/2023
At an IAS Part 38 of the Supreme Court
of the State of New York, held in and
for the County of New York, at the
Courthouse located at 111 Centre Street,
New York, NY, on the ___ day of
September 2022.
Present: HON. LOUIS NOCK
Justice of the Supreme Court
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No. 651260/2020
CAPSTONE CAPITAL GROUP, LLC (NYSCEF Case)
and CAPSTONE CREDIT, LLC,
Hon. Louis Nock
Plaintiffs,
ORDER TO SHOW CAUSE
-against- (PROPOSED)
RELIEVE ATTORNEY FOR
EAST COAST COMPANIES, INC., and ROBERT DEFENDANTS
VANTASSELL,
Defendants. Motion Seq. No. 002
Upon the Affirmation of James J. DeCristofaro, Esq., affirmed September 2, 2022, and
upon all other relevant papers filed with the Court and proceedings heretofore had herein:
LET defendants show cause at this Court, by video conference via Microsoft Teams
(this Court is located at 111 Centre Street, New York, NY, Courtroom 1166) on the day of
September 2022, at 9:30 o’clock in the forenoon of that day, or as soon as thereafter as counsel
can be heard, why an Order should not be made and entered pursuant to CPLR § 321(b)(2), as
follows:
1. Relieving James J. DeCristofaro, Esq. as attorney for defendants in this
proceeding;
2. Declaring that James J. DeCristofaro, Esq. has no further responsibility in this
FILED: NEW YORK COUNTY CLERK 01/04/2023 03:40 PM INDEX NO. 651260/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 01/04/2023
proceeding, and allowing the defendants to take such steps as they may deem necessary to
protect their rights in this matter;
3. Giving defendants thirty (30) days to seek replacement counsel, if they so choose;
and
4. Staying this case pursuant to CPLR 2201 until defendants have retained
replacement counsel.
SUFFICIENT REASON APPEARING THEREFOR, IT IS HEREBY
ORDERED, that the filing of this Order to Show Cause on the electronic system by the
Clerk of Court shall be deemed good and sufficient delivery to the Court, via NYSCEF.
ORDERED, that a copy of this Order to Show Cause and the Affirmation of James J.
DeCristofaro, Esq., shall be served upon defendants via email to robert@eccompanies.com, and
that service shall be deemed good and sufficient service.
ORDERED, that a copy of this Order to Show Cause and the Affirmation of James J.
DeCristofaro, Esq., shall be served upon plaintiff to counsel to plaintiff via NYSCEF, and that
service shall be deemed good and sufficient service.
ORDERED, that answering papers, if any, shall be served on or before
_________________, via NYSCEF and by email to defendants at robert@eccompanies.com.
ENTER. , J.
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FILED: NEW YORK COUNTY CLERK 09/02/2022
01/04/2023 03:33
03:40 PM INDEX NO. 651260/2020
NYSCEF DOC. NO. 42
52 RECEIVED NYSCEF: 09/02/2022
01/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No. 651260/2020
CAPSTONE CAPITAL GROUP, LLC (NYSCEF Case)
and CAPSTONE CREDIT, LLC,
Hon. Louis Nock
Plaintiffs,
AFFIRMATION OF JAMES J.
-against- DECRISTOFARO, ESQ., IN
SUPPORT OF APPLICATION
EAST COAST COMPANIES, INC., and ROBERT TO BE RELIEVED AS
VANTASSELL, ATTORNEY FOR
DEFENDANTS
Defendants.
Motion Seq. No. 002
James J. DeCristofaro, an attorney duly admitted to practice before the Courts of the
State of New York, affirms pursuant to CPLR §2106 the following to be true under the
penalties of perjury:
1. I am currently the attorney for defendants.
2. I make this Affirmation in support of the Order to Show Cause filed
contemporaneously herewith, requesting that the Court relieve me as attorney for defendants.
3. I am fully familiar with the facts and circumstances set forth in this affirmation
based upon a review of the file maintained by this office, a review of the filings in this case, and
my communications with defendants.
4. As aforesaid, I am currently the attorney of record in this case for defendants. On
or about the week ending August 19, 2022, specifically, on August 18, 2022, defendants
terminated my employment. The email confirming my termination is attached to this affirmation
as Ex. A. I received no objection to that email.
5. Since defendants terminated my employment, my withdrawal is mandatory. See
New York Lawyer’s Code of Professional Responsibility DR 2-110 [B] [4]: “A lawyer
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NYSCEF DOC. NO. 42
52 RECEIVED NYSCEF: 09/02/2022
01/04/2023
representing a client before a tribunal, with its permission if required by its rules, shall withdraw
from employment, and a lawyer representing a client in other matters shall withdraw from
employment, if: . . . . 4. The lawyer is discharged by his or her client.” (Emphasis added.)
6. Pursuant to CPLR 321(b)(2): “An attorney of record may withdraw or be changed
by order of the court in which the action is pending, upon motion on such notice to the client of
the withdrawing attorney, to the attorneys of all other parties in the action or, if a party appears
without an attorney, to the party, and to any other person, as the court may direct.”
7. The undersigned further requests that defendant be permitted thirty (30) days
within which to retain successor counsel and for that counsel to enter his or her notice of
appearance, and pursuant to CPLR 2201, that each Court deadline be similarly extended or
otherwise stayed.
8. Defendants’ email address last known to me is robert@eccompanies.com.
9. No prior application has been made for the relief sought herein.
WHEREFORE, for the foregoing reasons, I respectfully request that the Court grant
my application to withdraw as attorney for defendant, and any other relief set forth in the Order
to Show Cause filed contemporaneously herewith.
Dated: September 2, 2022
New York, New York
/s/ James J. DeCristofaro
James J. DeCristofaro, Esq.
902 Broadway Fl 6
New York, New York 10010
Tel. (212) 500-1891
Fax (917) 591-0289
E-Mail: james@dclfirm.com
Outgoing Attorney for Defendants
2
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FILED: NEW YORK COUNTY CLERK 09/02/2022
01/04/2023 03:33
03:40 PM INDEX NO. 651260/2020
NYSCEF DOC. NO. 43
52 RECEIVED NYSCEF: 09/02/2022
01/04/2023
Ex. A
FILED: NEW YORK COUNTY CLERK 09/02/2022
01/04/2023 03:33
03:40 PM INDEX NO. 651260/2020
9/2/22, 1:43 PM The Lawyer James Mail - Confirmation
NYSCEF DOC. NO. 43
52 RECEIVED NYSCEF: 09/02/2022
01/04/2023
James DeCristofaro
Confirmation
1 message
James DeCristofaro Fri, Aug 19, 2022 at 8:08 PM
To: Robert Van Tassell
Hi Robert. Our discovery responses were due today. As discussed yesterday,
you are going to terminate me as your attorney.
--
James J. DeCristofaro, Esq.
The Lawyer James
902 Broadway Fl 6
New York, NY 10010
Office tel: (212) 500-1891
Office fax: (917) 591-0289
Email: james@thelawywerjames.com
Website: https://thelawyerjames.com
FREE eBooks by The Lawyer James
https://thelawyerjames.com/get-a-free-book/
https://mail.google.com/mail/u/0/?ik=04073912bb&view=pt&search=all&permthid=thread-a%3Ar3433690971300777740%7Cmsg-a%3Ar-67991142769834247&si…
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Preview
FILED: NEW YORK COUNTY CLERK 01/04/2023 03:40 PM INDEX NO. 651260/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 01/04/2023 Exhibit 4 FILED: NEW YORK COUNTY CLERK 01/04/2023 03:40 PM INDEX NO. 651260/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 01/04/2023 At an IAS Part 38 of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse located at 111 Centre Street, New York, NY, on the ___ day of September 2022. Present: HON. LOUIS NOCK Justice of the Supreme Court SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 651260/2020 CAPSTONE CAPITAL GROUP, LLC (NYSCEF Case) and CAPSTONE CREDIT, LLC, Hon. Louis Nock Plaintiffs, ORDER TO SHOW CAUSE -against- (PROPOSED) RELIEVE ATTORNEY FOR EAST COAST COMPANIES, INC., and ROBERT DEFENDANTS VANTASSELL, Defendants. Motion Seq. No. 002 Upon the Affirmation of James J. DeCristofaro, Esq., affirmed September 2, 2022, and upon all other relevant papers filed with the Court and proceedings heretofore had herein: LET defendants show cause at this Court, by video conference via Microsoft Teams (this Court is located at 111 Centre Street, New York, NY, Courtroom 1166) on the day of September 2022, at 9:30 o’clock in the forenoon of that day, or as soon as thereafter as counsel can be heard, why an Order should not be made and entered pursuant to CPLR § 321(b)(2), as follows: 1. Relieving James J. DeCristofaro, Esq. as attorney for defendants in this proceeding; 2. Declaring that James J. DeCristofaro, Esq. has no further responsibility in this FILED: NEW YORK COUNTY CLERK 01/04/2023 03:40 PM INDEX NO. 651260/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 01/04/2023 proceeding, and allowing the defendants to take such steps as they may deem necessary to protect their rights in this matter; 3. Giving defendants thirty (30) days to seek replacement counsel, if they so choose; and 4. Staying this case pursuant to CPLR 2201 until defendants have retained replacement counsel. SUFFICIENT REASON APPEARING THEREFOR, IT IS HEREBY ORDERED, that the filing of this Order to Show Cause on the electronic system by the Clerk of Court shall be deemed good and sufficient delivery to the Court, via NYSCEF. ORDERED, that a copy of this Order to Show Cause and the Affirmation of James J. DeCristofaro, Esq., shall be served upon defendants via email to robert@eccompanies.com, and that service shall be deemed good and sufficient service. ORDERED, that a copy of this Order to Show Cause and the Affirmation of James J. DeCristofaro, Esq., shall be served upon plaintiff to counsel to plaintiff via NYSCEF, and that service shall be deemed good and sufficient service. ORDERED, that answering papers, if any, shall be served on or before _________________, via NYSCEF and by email to defendants at robert@eccompanies.com. ENTER. , J. 2 FILED: NEW YORK COUNTY CLERK 09/02/2022 01/04/2023 03:33 03:40 PM INDEX NO. 651260/2020 NYSCEF DOC. NO. 42 52 RECEIVED NYSCEF: 09/02/2022 01/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 651260/2020 CAPSTONE CAPITAL GROUP, LLC (NYSCEF Case) and CAPSTONE CREDIT, LLC, Hon. Louis Nock Plaintiffs, AFFIRMATION OF JAMES J. -against- DECRISTOFARO, ESQ., IN SUPPORT OF APPLICATION EAST COAST COMPANIES, INC., and ROBERT TO BE RELIEVED AS VANTASSELL, ATTORNEY FOR DEFENDANTS Defendants. Motion Seq. No. 002 James J. DeCristofaro, an attorney duly admitted to practice before the Courts of the State of New York, affirms pursuant to CPLR §2106 the following to be true under the penalties of perjury: 1. I am currently the attorney for defendants. 2. I make this Affirmation in support of the Order to Show Cause filed contemporaneously herewith, requesting that the Court relieve me as attorney for defendants. 3. I am fully familiar with the facts and circumstances set forth in this affirmation based upon a review of the file maintained by this office, a review of the filings in this case, and my communications with defendants. 4. As aforesaid, I am currently the attorney of record in this case for defendants. On or about the week ending August 19, 2022, specifically, on August 18, 2022, defendants terminated my employment. The email confirming my termination is attached to this affirmation as Ex. A. I received no objection to that email. 5. Since defendants terminated my employment, my withdrawal is mandatory. See New York Lawyer’s Code of Professional Responsibility DR 2-110 [B] [4]: “A lawyer 1 of 2 FILED: NEW YORK COUNTY CLERK 09/02/2022 01/04/2023 03:33 03:40 PM INDEX NO. 651260/2020 NYSCEF DOC. NO. 42 52 RECEIVED NYSCEF: 09/02/2022 01/04/2023 representing a client before a tribunal, with its permission if required by its rules, shall withdraw from employment, and a lawyer representing a client in other matters shall withdraw from employment, if: . . . . 4. The lawyer is discharged by his or her client.” (Emphasis added.) 6. Pursuant to CPLR 321(b)(2): “An attorney of record may withdraw or be changed by order of the court in which the action is pending, upon motion on such notice to the client of the withdrawing attorney, to the attorneys of all other parties in the action or, if a party appears without an attorney, to the party, and to any other person, as the court may direct.” 7. The undersigned further requests that defendant be permitted thirty (30) days within which to retain successor counsel and for that counsel to enter his or her notice of appearance, and pursuant to CPLR 2201, that each Court deadline be similarly extended or otherwise stayed. 8. Defendants’ email address last known to me is robert@eccompanies.com. 9. No prior application has been made for the relief sought herein. WHEREFORE, for the foregoing reasons, I respectfully request that the Court grant my application to withdraw as attorney for defendant, and any other relief set forth in the Order to Show Cause filed contemporaneously herewith. Dated: September 2, 2022 New York, New York /s/ James J. DeCristofaro James J. DeCristofaro, Esq. 902 Broadway Fl 6 New York, New York 10010 Tel. (212) 500-1891 Fax (917) 591-0289 E-Mail: james@dclfirm.com Outgoing Attorney for Defendants 2 2 of 2 FILED: NEW YORK COUNTY CLERK 09/02/2022 01/04/2023 03:33 03:40 PM INDEX NO. 651260/2020 NYSCEF DOC. NO. 43 52 RECEIVED NYSCEF: 09/02/2022 01/04/2023 Ex. A FILED: NEW YORK COUNTY CLERK 09/02/2022 01/04/2023 03:33 03:40 PM INDEX NO. 651260/2020 9/2/22, 1:43 PM The Lawyer James Mail - Confirmation NYSCEF DOC. NO. 43 52 RECEIVED NYSCEF: 09/02/2022 01/04/2023 James DeCristofaro Confirmation 1 message James DeCristofaro Fri, Aug 19, 2022 at 8:08 PM To: Robert Van Tassell Hi Robert. Our discovery responses were due today. As discussed yesterday, you are going to terminate me as your attorney. -- James J. DeCristofaro, Esq. The Lawyer James 902 Broadway Fl 6 New York, NY 10010 Office tel: (212) 500-1891 Office fax: (917) 591-0289 Email: james@thelawywerjames.com Website: https://thelawyerjames.com FREE eBooks by The Lawyer James https://thelawyerjames.com/get-a-free-book/ https://mail.google.com/mail/u/0/?ik=04073912bb&view=pt&search=all&permthid=thread-a%3Ar3433690971300777740%7Cmsg-a%3Ar-67991142769834247&si… 1/1