Preview
FILED: ONONDAGA COUNTY CLERK 12/09/2022 11:33 AM INDEX NO. 2015EF4002
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 12/09/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
THE TRUSTEES OF THE SPECIAL TRADES,
CONTRACTING AND CONSTRUCTION TRUST,
NOTICE TO APPOINT
ANOTHER ATTORNEY
Plaintiffs
Index No. 2015EF4002
v.
Hon. Joseph E. Lamendola, J.S.C.
INDEPENDENT COMMERICAL CONTRACTORS,
INC.,
Defendant
TO: INDEPENDENT COMMERICAL CONTRACTORS, INC.
PLEASE TAKE NOTICE, that pursuant to CPLR Section 321(c) and the Order in this
case dated November 30, 2022, a true copy of which is annexed hereto, and in view of the fact
that you are no longer represented in this case by David Antonucci, Esq., you are hereby required
to appoint and retain another attorney to represent you in this case, within thirty (30) days after
service of this Notice upon you.
Date: December 1, 2022
Yours, etc.
ME VIN & ˆ IN, PLLC
B : LOUI L INE, ESQ.
torneys for Plaintiffs The Trustees
of the Special Trades, Contracting
and Construction Trust
Office and P.O. Address
217 South Salina Street, Suite 700
Syracuse, New York 13202
1
1 of 4
FILED: ONONDAGA COUNTY CLERK 12/09/2022 11:33 AM INDEX NO. 2015EF4002
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 12/09/2022
Tel: (315) 422-1311
Email: llevine(Tamelvinlaw.com
TO: BARBARA DeYEAR
DONALD DeYEAR
27004 Loomis Road
Lorraine, New York 13659
2
2 of 4
FILED: ONONDAGA COUNTY CLERK 12/09/2022 11:33 AM INDEX NO. 2015EF4002
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 12/09/2022
INDEX NO. 2015EF4002
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 11/30/2022
MELVIN & MELVIN, PLLC .
TELEPHONE .S.
3I5-422 131I
November 4, 2022
HON. JOSEPH E. LAMENDOL A, 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 fòr the Plaintiffs in the above action. This letter is in confirmation ofthe
Chambers conference on October 31, 2022.
As the Court is aware, Mr. Antonucci is no longer representing this Defendant, No new
attomey 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 thathe
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 tery 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 ofthis 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, LoÀaine, New York
Plaintiffs'
13659. Pursuant to records. the business address of the Defendant also is 27004 Loomis
Road, Lonaine, New York 13659, and the husband of Mrs. DeY ear b Donald DeYear.
1 of ''
. 3 of 4
FILED: ONONDAGA COUNTY CLERK 12/09/2022 11:33 AM INDEX NO. 2015EF4002
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 12/09/2022
INDEX NO. 2015EF4002
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 11/30/2022
Hon. Joseph E. Lamendola, J.S.C
November 4, 2022
Page 2 of 2
We propose that PlainufTs serve upon Defendant a "notice to appoint another attorney".
pursuant to CPLR Section 322(c), and that serv ce thereof bemade 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 judgrnent. 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 o! 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
I u(s Levine
LI 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 _, 022
Hon. J )S . L D4. ENDOLA, J.S. ..
ENTER
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4 of 4
Preview
FILED: ONONDAGA COUNTY CLERK 12/09/2022 11:33 AM INDEX NO. 2015EF4002 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 12/09/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA THE TRUSTEES OF THE SPECIAL TRADES, CONTRACTING AND CONSTRUCTION TRUST, NOTICE TO APPOINT ANOTHER ATTORNEY Plaintiffs Index No. 2015EF4002 v. Hon. Joseph E. Lamendola, J.S.C. INDEPENDENT COMMERICAL CONTRACTORS, INC., Defendant TO: INDEPENDENT COMMERICAL CONTRACTORS, INC. PLEASE TAKE NOTICE, that pursuant to CPLR Section 321(c) and the Order in this case dated November 30, 2022, a true copy of which is annexed hereto, and in view of the fact that you are no longer represented in this case by David Antonucci, Esq., you are hereby required to appoint and retain another attorney to represent you in this case, within thirty (30) days after service of this Notice upon you. Date: December 1, 2022 Yours, etc. ME VIN & ˆ IN, PLLC B : LOUI L INE, ESQ. torneys for Plaintiffs The Trustees of the Special Trades, Contracting and Construction Trust Office and P.O. Address 217 South Salina Street, Suite 700 Syracuse, New York 13202 1 1 of 4 FILED: ONONDAGA COUNTY CLERK 12/09/2022 11:33 AM INDEX NO. 2015EF4002 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 12/09/2022 Tel: (315) 422-1311 Email: llevine(Tamelvinlaw.com TO: BARBARA DeYEAR DONALD DeYEAR 27004 Loomis Road Lorraine, New York 13659 2 2 of 4 FILED: ONONDAGA COUNTY CLERK 12/09/2022 11:33 AM INDEX NO. 2015EF4002 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 12/09/2022 INDEX NO. 2015EF4002 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 11/30/2022 MELVIN & MELVIN, PLLC . TELEPHONE .S. 3I5-422 131I November 4, 2022 HON. JOSEPH E. LAMENDOL A, 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 fòr the Plaintiffs in the above action. This letter is in confirmation ofthe Chambers conference on October 31, 2022. As the Court is aware, Mr. Antonucci is no longer representing this Defendant, No new attomey 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 thathe 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 tery 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 ofthis 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, LoÀaine, New York Plaintiffs' 13659. Pursuant to records. the business address of the Defendant also is 27004 Loomis Road, Lonaine, New York 13659, and the husband of Mrs. DeY ear b Donald DeYear. 1 of '' . 3 of 4 FILED: ONONDAGA COUNTY CLERK 12/09/2022 11:33 AM INDEX NO. 2015EF4002 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 12/09/2022 INDEX NO. 2015EF4002 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 11/30/2022 Hon. Joseph E. Lamendola, J.S.C November 4, 2022 Page 2 of 2 We propose that PlainufTs serve upon Defendant a "notice to appoint another attorney". pursuant to CPLR Section 322(c), and that serv ce thereof bemade 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 judgrnent. 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 o! 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 I u(s Levine LI 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 _, 022 Hon. J )S . L D4. ENDOLA, J.S. .. ENTER 2 of 2 4 of 4