On September 29, 2015 a
Letter,Correspondence
was filed
involving a dispute between
The Trustees Of The Special Trades, Contracting And Construction Trust,
and
Independent Commercial Contractors Inc.,
for Commercial
in the District Court of Onondaga County.
Preview
JONATHAN E. FOX LOUIS YOUNG (d. 2005)
ROGERW. BRADLEY MELVIN & MELVIN, PLLC DOMENIC A. MAZZA (d. 2010)
ROBERTS. SCAL1ONE ATTORNEYS AND COUNSELORS AT LAW CHARLES R. GREINER(d. 2016)
LOUlS LEVINE MERLE D. MELVIN
RICHARD M. STORTO SEVENTH FLOOR WILLIAM C. FOX
KENNETH J. BOBRYCKI 217 SOUTH SALINA STREET DOUGLAS H. YOUNG
SUSANE. OTTO SYRACUSE, NEW YORK 13202-1390 RONALD S. CARR
HOLLY SALOPWALLACE - _ FRANK J. VAVONESE
JOSEPHP. MORAWSKI
TELEPHONE OF COUNSEL
DANIEL M. AUSTIN
ERIN M. TYREMAN 315-422-1311
ROBERTG. SMITH
MICHAEL R. VACCARO * FAX
WILLIAM M. BUCHAN
ELIZABETH A. GENUNG " 315-479-7612 ENVIRONMENTAL- OFCOUNSEL
JUSTIN A. TARANTINO
DONGHOOSOHN INTERNET OF COUNSEL- SARATOGA OFFICE
E-Mail: Ilevine@melvinlaw.cOm
HOWARD J WORONOV DRIVER GREENE,LLP
SPECIAL COUNSEL www.melvinlaw.cOm attention@drivergreene.com
* ALSOADMITTED ]NFLORIDA JENNIFER C.DRIVER
ALSOADMITTEDINNORTHCAROLINA PATRICKK. GREENE**
** Al.SOADMITFED
INCONNECTICUT 228CHURCH ST
" ALSOADMITTED ]NPENNSYLVANIA SARATOGA SPRINGS,NY 12866
518-472-0440
November 4, 2022
HON. JOSEPH E. LAMENDOLA, J.S.C.
Onondaga County Courthouse
401 Montgomery Street
Syracuse, New York 13202
Re: The Trustees of the Special Trades, Contracting and Construction Trust
v. Independent Commercial Contractors, Inc.
Index No.: 2015EF4002
Dear Judge Lamendola:
We are the attorneys for the Plaintiffs in the above action. This letter is in confirmation of the
Chambers conference on October 31, 2022.
As the Court is aware, Mr. Antonucci is no longer representing this Defendant. No new
attorney has filed a notice of appearance for representation of this Defendant nor contacted us
concerning this case, although at his last pre-trial conference in this case Mr. Antonucci stated that he
had advised the Defendant of the necessity for doing so.
It is unclear whether the circumstances of Mr. Antonucci's retirement from this case are
specifically included in or covered by CPLR Section 322(c). However, it would appear that the
situations expressly included in Section 322(c) are very similar to what happened here. Accordingly,
it seems that application of Section 322(c) would be appropriate and would protect the interests of
both sides.
The deposition of this Defendant occurred on January 25, 2022. Defendant's witness was Mrs.
Barbara DeYear. Mrs. DeYear stated that she and her husband are the sole officers and shareholders
of the Defendant. Mrs. DeYear stated that she resides at 27004 Loomis Road, Lorraine, New York
Plaintiffs'
13659. Pursuant to records, the business address of the Defendant also is 27004 Loomis
Road, Lorraine, New York 13659, and the husband of Mrs. DeYear is Donald DeYear.
Hon. Joseph E. Lamendola, J.S.C.
November 4, 2022
Page 2 of 2
We propose that Plaintiffs serve upon Defendant a "notice to appoint another attorney",
pursuant to CPLR Section 322(c), and that service thereof be made pursuant to CPLR Section 308 (1,
2 or 4). We will do our best to serve either Barbara DeYear or Donald DeYear personally. If after
service of such notice the Defendant does not retain substitute counsel within thirty days then
Plaintiffs will apply to the Court for the entry of a default judgment, using the summary judgment
motion papers previously filed as the proof of facts required by CPLR Section 3215.
Order"
If the foregoing meets the approval of the Court, we request that the Court "So same
hereinbelow.
We thank the Court very much for its patience and courtesy in this matter.
Respectfully,
MELVIN & MELVIN C
By:
to s Levine
LL/ksd
NOW, upon motion of Melvin & Melvin, PLLC, attorneys for Plaintiffs The Trustees of
the Special Trades, Contracting and Construction Trust, the foregoing shall be and hereby is
SO ORDERED.
Date: November __, 2022
Hon. JOSEPH E. LAMENDOLA, J.S.C.
ENTER
Document Filed Date
November 04, 2022
Case Filing Date
September 29, 2015
Status
Stayed-Court Date/Application Pending
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