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
FILED: ONONDAGA COUNTY CLERK 11/30/2022 03:23 PM INDEX NO. 2015EF4002
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 11/30/2022
IAN I :-ouls Yol_rli(i, J. zLriiJl
MELVIN & MEIvn-, PLLC u)MENt( 7\. MAt.rA (d :, ll
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TELTPHONE
REM^N i l s,.lll. r3
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November 4. 2022
HON. JOSEPH E. LAMENDOLA, J.S.C.
Onondaga County Courthouse
401 lvlontgomery Street
Syracuse, New York 13202
Re: The Trustees ofthe Special Trades, Contracting and Construction Trust
v, Indep€ndent Commercial Contractors. lnc.
Index No.: 20158F4002
Dear Judge Lamendola
We are the attomeys for the Plaintifl! in the above action. This letter is in confirmation of the
Chambers conference on October 3 1, 2022.
As the Court is arvare, !r4r. Antonucci is no longer representing this Defendant. No nerv
attomey has filed a notice of appearance tbr representation of this Defendant nor conlacted us
conceming this case. although at his last pre-trial conference in this case Vlr. Antonucci stated that he
had advised the Defendant of the necessity ft-rr doiug so.
It is unclear whether the circunstances of Mr. Antonucci's retirernent liom this case are
specifically included in or covered by CPLR Section 321(c). Horr'ever, it rvould appear that the
situations expressly included in Section 322(c) are ver) slmilar to what happened here. Accordingly,
it seerns that application of Section 322(c) ivould be appropriate and would protect the interests of
both sides.
The deposition ofthis Defendant occurred on January 25.2O22.Defendant's witness was Mrs.
Barbara DeYear. Mrs. DeYear stated that she alld hcr husbaud are the sole officers and shareholders
of the Defendant. Mn. DeYear stated that she resides at 27004 Loomis Road, Lorraine, New York
11659. Pursuant to Plainhfti' records. the business address of the Defendant also is 27004 Loomis
Road, Lorraine, New York 13659, and the husband of lvlrs. DeYear is Donald DeYear.
1 of 2
FILED: ONONDAGA COUNTY CLERK 11/30/2022 03:23 PM 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 Plaintiffs serve upon Defendant a "notice to appoint another attorney",
pursuant to CPLR Section 322(c), and that scrvrce thcrer>fbc madc pursuant to CPLR Scction 308 ( I,
2 or 4). Wc will do our bcst to scrvc cither Barbara DeYcar or Donald DeYear personally. If a{ier
scrvice of such noticc the Dcfendant does not retain substitute counsel within thify days then
Plaintiffs will apply to the Court tbr the entry of a default judpgnent. using the summary judgrnent
motion papers previously liled as the proofof facts required by CPLR Section 3215.
Ifthe foregoing meets the approval ot'the Court, we request rhat thc Court "So Order" sarne
hereinbelow.
We thank the Court very much tbr its patience and courtesy in this matter.
Respectfully.
MELVIN & MELVIN C
By:
- t, Levine
LLltsd
NOW, upon motion of N{elvin & Mehin. P[.LC, attorneys for Plaintiffs The Tmstees of
the Special Trades, Conlracting and Construction Trust, the foregoing shall be and hereby is
SO ORDERED.
out", xor".u"34ozz
:
llon. t: ENDOLA. J.S.
ENTER
2 of 2
Document Filed Date
November 30, 2022
Case Filing Date
September 29, 2015
Status
Stayed-Court Date/Application Pending
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FILED: ONONDAGA COUNTY CLERK 11/30/2022 03:23 PM INDEX NO. 2015EF4002 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 11/30/2022 IAN I :-ouls Yol_rli(i, J. zLriiJl MELVIN & MEIvn-, PLLC u)MENt( 7\. MAt.rA (d :, ll tss,cAltoNtl cH^il.IS i.0RHr\,[R i :.; l t,Ivlf IE Mt:ltt L t) Mt,l viN lD iu S I(rR I(} 1V[ !.;Ar!1 ( tOI AOBRYCK r,' 50 ly.,!uci.as t, YotiN(; r \CLS yoRx Rof{^t D s {'ARR !R-1ft_l(, v,\ i{)liEsE toR,l!,lt( :1'. .\iis N TELTPHONE REM^N i l s,.lll. r3 r {_\ wi!-t talt M Btl(tHAll I r5479-76t2 r!tlo\Mf]ttlt.. ut aotlis{.1, t \lLll Ditl' R Gfi.ULNt iEi\NIfER I' DTIV] (, GX.EENI ::a ci|I"|nclt sl '^TIICK iil\TATOCA SPTINCS. N November 4. 2022 HON. JOSEPH E. LAMENDOLA, J.S.C. Onondaga County Courthouse 401 lvlontgomery Street Syracuse, New York 13202 Re: The Trustees ofthe Special Trades, Contracting and Construction Trust v, Indep€ndent Commercial Contractors. lnc. Index No.: 20158F4002 Dear Judge Lamendola We are the attomeys for the Plaintifl! in the above action. This letter is in confirmation of the Chambers conference on October 3 1, 2022. As the Court is arvare, !r4r. Antonucci is no longer representing this Defendant. No nerv attomey has filed a notice of appearance tbr representation of this Defendant nor conlacted us conceming this case. although at his last pre-trial conference in this case Vlr. Antonucci stated that he had advised the Defendant of the necessity ft-rr doiug so. It is unclear whether the circunstances of Mr. Antonucci's retirernent liom this case are specifically included in or covered by CPLR Section 321(c). Horr'ever, it rvould appear that the situations expressly included in Section 322(c) are ver) slmilar to what happened here. Accordingly, it seerns that application of Section 322(c) ivould be appropriate and would protect the interests of both sides. The deposition ofthis Defendant occurred on January 25.2O22.Defendant's witness was Mrs. Barbara DeYear. Mrs. DeYear stated that she alld hcr husbaud are the sole officers and shareholders of the Defendant. Mn. DeYear stated that she resides at 27004 Loomis Road, Lorraine, New York 11659. Pursuant to Plainhfti' records. the business address of the Defendant also is 27004 Loomis Road, Lorraine, New York 13659, and the husband of lvlrs. DeYear is Donald DeYear. 1 of 2 FILED: ONONDAGA COUNTY CLERK 11/30/2022 03:23 PM 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 Plaintiffs serve upon Defendant a "notice to appoint another attorney", pursuant to CPLR Section 322(c), and that scrvrce thcrer>fbc madc pursuant to CPLR Scction 308 ( I, 2 or 4). Wc will do our bcst to scrvc cither Barbara DeYcar or Donald DeYear personally. If a{ier scrvice of such noticc the Dcfendant does not retain substitute counsel within thify days then Plaintiffs will apply to the Court tbr the entry of a default judpgnent. using the summary judgrnent motion papers previously liled as the proofof facts required by CPLR Section 3215. Ifthe foregoing meets the approval ot'the Court, we request rhat thc Court "So Order" sarne hereinbelow. We thank the Court very much tbr its patience and courtesy in this matter. Respectfully. MELVIN & MELVIN C By: - t, Levine LLltsd NOW, upon motion of N{elvin & Mehin. P[.LC, attorneys for Plaintiffs The Tmstees of the Special Trades, Conlracting and Construction Trust, the foregoing shall be and hereby is SO ORDERED. out", xor".u"34ozz : llon. t: ENDOLA. J.S. ENTER 2 of 2