On July 17, 2019 a
Order
was filed
involving a dispute between
David Marrero,
and
Captain John Thomas
Shield #1120,
City Of New York,
John Does
Correction Officers Whose Names Are Not Yet Known Or Identified,
The New York City Department Of Correction,
for Torts - Other (Assault)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 02/03/2023 04:03 PM INDEX NO. 156979/2019
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/03/2023
$$$$ SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. J. MACHELLE SWEETING PART 62
Justice
------------------------------------------------------------------------------------ X
DAVID MARRERO, INDEX NO. 156979/2019
Plaintiff,
-v- ORDER EXTENDING STAY
IN THIS CASE
CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF CORRECTION, CAPTAIN JOHN
THOMAS, JOHN DOES
Defendants.
------------------------------------------------------------------------------------ X
By order dated November 18, 2022, (NYSCEF Document #24) the stay in this action was
extended to January 20, 2023 and plaintiff was directed to inform the court and opposing counsel
on the issue regarding his representation.
In an electronic communication to the court, on January 23, 2023, Ellie Silverman Esq.
stated that she has not received a signed retainer from plaintiff and has not, therefore, filed a Notice
of Appearance on plaintiff’s behalf. At an appearance before the court on February 2, 2023,
Attorney Silverman stated that a Notice of Appearance has not been filed, as counsel is awaiting
formal execution of the “Change of counsel” form which is delayed due to plaintiff’s incarceration.
Good cause having been shown and pursuant to the conference, it is hereby:
ORDERED that the stay in this case is continued until further order of the court, and it is
further
OTHER ORDER – NON-MOTION
1 of 2 Page 1 of 2
FILED: NEW YORK COUNTY CLERK 02/03/2023 04:03 PM INDEX NO. 156979/2019
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/03/2023
ORDERED that no later than March 2, 2023, plaintiff must complete and file the request
to change attorney form stating the name of new counsel or the election to represent himself. If
represented by Ellie Silverman, Esq., or any other counsel, such attorney must file a “Notice of
Appearance” with the court.
$SIG$
DATE: 2/3/2023 HON. J. MACHELLE SWEETING, J.S.C.
Check One: Case Disposed Non-Final Disposition
Check if Appropriate: x Other (Specify STAY )
2 of 2 Page 2 of 2
156979/2019 MARRERO, DAVID vs. CITY OF NEW YORK
Document Filed Date
February 03, 2023
Case Filing Date
July 17, 2019
Category
Torts - Other (Assault)
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FILED: NEW YORK COUNTY CLERK 02/03/2023 04:03 PM INDEX NO. 156979/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/03/2023 $$$$ SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. J. MACHELLE SWEETING PART 62 Justice ------------------------------------------------------------------------------------ X DAVID MARRERO, INDEX NO. 156979/2019 Plaintiff, -v- ORDER EXTENDING STAY IN THIS CASE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF CORRECTION, CAPTAIN JOHN THOMAS, JOHN DOES Defendants. ------------------------------------------------------------------------------------ X By order dated November 18, 2022, (NYSCEF Document #24) the stay in this action was extended to January 20, 2023 and plaintiff was directed to inform the court and opposing counsel on the issue regarding his representation. In an electronic communication to the court, on January 23, 2023, Ellie Silverman Esq. stated that she has not received a signed retainer from plaintiff and has not, therefore, filed a Notice of Appearance on plaintiff’s behalf. At an appearance before the court on February 2, 2023, Attorney Silverman stated that a Notice of Appearance has not been filed, as counsel is awaiting formal execution of the “Change of counsel” form which is delayed due to plaintiff’s incarceration. Good cause having been shown and pursuant to the conference, it is hereby: ORDERED that the stay in this case is continued until further order of the court, and it is further OTHER ORDER – NON-MOTION 1 of 2 Page 1 of 2 FILED: NEW YORK COUNTY CLERK 02/03/2023 04:03 PM INDEX NO. 156979/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/03/2023 ORDERED that no later than March 2, 2023, plaintiff must complete and file the request to change attorney form stating the name of new counsel or the election to represent himself. If represented by Ellie Silverman, Esq., or any other counsel, such attorney must file a “Notice of Appearance” with the court. $SIG$ DATE: 2/3/2023 HON. J. MACHELLE SWEETING, J.S.C. Check One: Case Disposed Non-Final Disposition Check if Appropriate: x Other (Specify STAY ) 2 of 2 Page 2 of 2 156979/2019 MARRERO, DAVID vs. CITY OF NEW YORK