Preview
FILED: DUTCHESS COUNTY CLERK 05/09/2023 04:56 PM INDEX NO. 2022-51719
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
------------..----------..--------__----..._______Ç
THOMAS E. STOLZ, as Administrator of the Goods Chattels and
Credits which were of MICHAEL P. STOLZ, Index No. 2022-51719
Plaintiff,
-against-
MICHAEL B. SHANNON, MD, CANDACE SUSAN NOTICE OF ENTRY
CRUTCHFIELD, as Administratrix of the Goods, Chattels and
Credits which were of CRAIG MICHAEL SHANNON, and
VASSAR BROTHERS HOSPITAL d/b/a VASSAR BROTHERS
MEDICAL CENTER,
Defendants.
____________..________-_________----.----..--...__Ç
COUNSELORS:
PLEASE TAKE NOTICE that the within is a true copy of the Order Dismissing
Complaint with Prejudice that was signed by the Honorable Edward T. McLoughlin, A. J.S.C. on
April 4, 2023 and entered in the office of the clerk of the within named Court on May 4, 2023.
Dated: New Windsor, New York
May 9, 2023
Yours, etc.,
By.
EDWX . IC A Y, E Q.
ARCIERO MCMILLAN & BURGESS, P.C.
Attorneys for Defendant
CANDACE SUSAN CRUTCHFIELD, as
Adininistratrix of the Goods, Chattels and
Credits which were of CRAIG MICHAEL
SHANNON
299 Windsor Highway
New Windsor, NY 12553
(845) 420-7877
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TO: GORDON LAW FIRM OF NEW YORK, LLP
Attorneys for Plaintiffs
26d¹
236 West St., Suite 303
New York, NY 10001
(212) 766-2200
Bennett, Bricklin & Saltzburg, LLC
Attorneys for Defendant
Michael B. Shannon, M.D.
West Tower, Centre Square
32"4
1500 Market Street, Floor
Philadelphia, PA 19103
Heidell, Pittoni, Murphy & Bach, LLP
Attorneys for Defendants
Vassar Brothers Hospital d/b/a Vassar
Brothers Medical Center
81 Main Street #112
White Plains, NY 10601
S®0918(Stolzv.Shannon,
M.D.)\Legal\Notice
ofEntry S323,odt
ARCIERO MGMlLLAN & BURGESS, P.C.
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FILED DOC.
NYSCEF : DUTCHESS
NO. 31 COUNTY CLERK 5 2023 1 : 3 RECEIVED NYSCEF: 05/09/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/04/2023
SUPREiME COURT OF THE STATE OF NEW YORK
COU.NTY OF DUTCHESS .
THOMAS E. STOLZ, as Administrator of the
Goods, Chattels and Credits which were of
MICHAEL P. STOLZ,
Index No.2022-5Itf9
Plaintiff(s),
-against-
MICHAEL B. SHANNON, MD, CANDACE
SUSAN CRUTCHFIELD,.as Administratrix.of QRDER f M0880NU COMPLAINT
the Goods, Chattals and Credits which were of , WITH PREJUDICE
CRAIG MICHABL SHANNON and VASSAR
BRO$TERS HOSPITAL d/b/a VAS$AR
BROTHERS MÉDICAL CENTER,
Defendant(s).
McLOUGHLIN, L Acting Supreme Court Justine
THIS MATTER having come before the Court for a ttatus Cooference on April U. 2023, as
directed by the Order and Decision dated February 16, 2023, and entered on February 2.1, 2023,
and the plaintiff, Thonias E. Statz, as Administratof of the Goode Gha tels and Credits which
were of Mieliael P. Stolz, having failed to appear at said conferencéc eithes as pr( sç or through
retained counsel, and the defendants Michael B. Shannon, MD (Bénnett Bricklin .& Saltzburg,
LLC, appearing); Candace Susan Crutchfield, as Adminstratix orthe Goo s, Chattels ahd Credits
which were of Craig lxlichael Shannon (Arciero IvkMiUan &. Burgess3Co appearing); and
Vassar Brothers Hospital d/b/a Vassar Brothers Medical Center (Heideli
Pittonit Murphy &
Bath, LLP, appearing), having jointly moved for an Order ismiasing the Complaint with
prejudice; and,
WHEREAS, the Gordon Law Firm of New York New brk, LLP and Moses Law Finn
of New Yorky PLLC, proceeded by Order To Show Cause dated knuarý 3, 2023 to be relieved
and discharged as counsel of record for plaintiff pursuantto CPLR and
§32Kb)g
4885-7012-8437, w 1
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/09/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/04/2023
WHEREAS plaintiff, Thomas E. Stolz, as Administrator of the Go.ods, Chattels and
Credits which were of Michael P. Stolz personally appeared before this Gogrt 9n the return date
of the application on February 14, 2023 and was personally advised by the Court the application
was being granted and he should seek new counsel within thirty (30) days qW to proceed pro-se)
and
WHEREAS, that the Court granted applicatiòn of counsel to b relieved pursuant to
CPLR §321(b) by the Order and Decision dated Pebruary 16, 2023 and Æntered on February 21,
2023; and
WHEREAS, said Order and Decision directed that the plaintiff Óhail retain new counsel
wid1ín thirty (30) days after being served with a copy of the Order an1 ecision with Notice of
Entry; and
WHEREAS, Notice of Entry was duly filed with the Court on ebruary 17, 2023, with
proof of service that the Order and Decision dated February 16, 2023 and buttredonF4bruary17,
2023, was served upon the plaintiff, ThontasE. Stolz, at 304 Chelse4 Cdve ·South, HÁpe•ell
Junction, New York, 12533, on 17 2023, U.S. First postage pre-
February by Mai; Glá#Mail,
paid on said date; and
W.HEREA8, the Order and Decisica dated February 16, 2023 añd entered on Februãry
17, 2023, directed that the parties appear for a further Status Conferenceon April 142023 at 9:35
a.m,; and
WEEREAS, the plaintiff, Thomas E. Stolz, as Administrator ofÏhe QFeds, Chattels and
Credits which were ofMichael P. StoPA failed to appear at as directeï1by the Œrder and Decision
and further failed to advise the Court ofa reasonable excuse for notappeadng; it is
ORDERED, that the Complaint of thbplaintift ThomasE, Stolz s AdministratoY of the
Goods, Chattels and Credits which were of Michel P. Stolz, be ând is hereby dismissed with
prejudice; and it is further,
4885-70f2-8437, v. 1
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FILED DOC.
NYSCEF : DUTCHESS
NO. 31 COUNTY CLERK 05 05 2 3 : 53 RECEIVED NYSCEF: 05/09/2023
NY SCE F DOC . NO. 28 RECEIVED NYSCE F: 05/04/2023
ORDERED, that a copy of this Order with Notice of Entry be filed with the Court and
personally served upon plaintiff Thomas P. Stolz at 304 Chelsea Cove South, Hopewell Junction,
New York, 12533, by counsel for defendant, Michael Shannon, MD, within twenty (20) days after
posting of the same and that proof of service of same shall be efiled with this Court.
The foregoing constitutes the Decision afid Or of this Coµrt
Dated; April 4 , 2023
Poughkeepsie, NY HONORAB DWARD T. MCLOUGHLIN, AJ.S.C.
TO: Counsel of Record Via NYSCEF
4886-7012-8437, v. 1
3 of 3
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Preview
FILED: DUTCHESS COUNTY CLERK 05/09/2023 04:56 PM INDEX NO. 2022-51719 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ------------..----------..--------__----..._______Ç THOMAS E. STOLZ, as Administrator of the Goods Chattels and Credits which were of MICHAEL P. STOLZ, Index No. 2022-51719 Plaintiff, -against- MICHAEL B. SHANNON, MD, CANDACE SUSAN NOTICE OF ENTRY CRUTCHFIELD, as Administratrix of the Goods, Chattels and Credits which were of CRAIG MICHAEL SHANNON, and VASSAR BROTHERS HOSPITAL d/b/a VASSAR BROTHERS MEDICAL CENTER, Defendants. ____________..________-_________----.----..--...__Ç COUNSELORS: PLEASE TAKE NOTICE that the within is a true copy of the Order Dismissing Complaint with Prejudice that was signed by the Honorable Edward T. McLoughlin, A. J.S.C. on April 4, 2023 and entered in the office of the clerk of the within named Court on May 4, 2023. Dated: New Windsor, New York May 9, 2023 Yours, etc., By. EDWX . IC A Y, E Q. ARCIERO MCMILLAN & BURGESS, P.C. Attorneys for Defendant CANDACE SUSAN CRUTCHFIELD, as Adininistratrix of the Goods, Chattels and Credits which were of CRAIG MICHAEL SHANNON 299 Windsor Highway New Windsor, NY 12553 (845) 420-7877 1 of 5 FILED: DUTCHESS COUNTY CLERK 05/09/2023 04:56 PM INDEX NO. 2022-51719 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/09/2023 TO: GORDON LAW FIRM OF NEW YORK, LLP Attorneys for Plaintiffs 26d¹ 236 West St., Suite 303 New York, NY 10001 (212) 766-2200 Bennett, Bricklin & Saltzburg, LLC Attorneys for Defendant Michael B. Shannon, M.D. West Tower, Centre Square 32"4 1500 Market Street, Floor Philadelphia, PA 19103 Heidell, Pittoni, Murphy & Bach, LLP Attorneys for Defendants Vassar Brothers Hospital d/b/a Vassar Brothers Medical Center 81 Main Street #112 White Plains, NY 10601 S®0918(Stolzv.Shannon, M.D.)\Legal\Notice ofEntry S323,odt ARCIERO MGMlLLAN & BURGESS, P.C. Page 2 of 2 2 of 5 FILED: DUTCHESS COUNTY CLERK 05/09/2023 04:56 PM INDEX NO. 2022-51719 INDEX NO. 2022-51719 FILED DOC. NYSCEF : DUTCHESS NO. 31 COUNTY CLERK 5 2023 1 : 3 RECEIVED NYSCEF: 05/09/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/04/2023 SUPREiME COURT OF THE STATE OF NEW YORK COU.NTY OF DUTCHESS . THOMAS E. STOLZ, as Administrator of the Goods, Chattels and Credits which were of MICHAEL P. STOLZ, Index No.2022-5Itf9 Plaintiff(s), -against- MICHAEL B. SHANNON, MD, CANDACE SUSAN CRUTCHFIELD,.as Administratrix.of QRDER f M0880NU COMPLAINT the Goods, Chattals and Credits which were of , WITH PREJUDICE CRAIG MICHABL SHANNON and VASSAR BRO$TERS HOSPITAL d/b/a VAS$AR BROTHERS MÉDICAL CENTER, Defendant(s). McLOUGHLIN, L Acting Supreme Court Justine THIS MATTER having come before the Court for a ttatus Cooference on April U. 2023, as directed by the Order and Decision dated February 16, 2023, and entered on February 2.1, 2023, and the plaintiff, Thonias E. Statz, as Administratof of the Goode Gha tels and Credits which were of Mieliael P. Stolz, having failed to appear at said conferencéc eithes as pr( sç or through retained counsel, and the defendants Michael B. Shannon, MD (Bénnett Bricklin .& Saltzburg, LLC, appearing); Candace Susan Crutchfield, as Adminstratix orthe Goo s, Chattels ahd Credits which were of Craig lxlichael Shannon (Arciero IvkMiUan &. Burgess3Co appearing); and Vassar Brothers Hospital d/b/a Vassar Brothers Medical Center (Heideli Pittonit Murphy & Bath, LLP, appearing), having jointly moved for an Order ismiasing the Complaint with prejudice; and, WHEREAS, the Gordon Law Firm of New York New brk, LLP and Moses Law Finn of New Yorky PLLC, proceeded by Order To Show Cause dated knuarý 3, 2023 to be relieved and discharged as counsel of record for plaintiff pursuantto CPLR and §32Kb)g 4885-7012-8437, w 1 1 of 3 3 of 5 FILED: DUTCHESS COUNTY CLERK 05/09/2023 04:56 PM INDEX NO. 2022-51719 INDEX NO. 2022-51719 [FILED : DUTCHESS COUNTY CLERK 05/05/2023 11:53 AM| NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 05/09/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/04/2023 WHEREAS plaintiff, Thomas E. Stolz, as Administrator of the Go.ods, Chattels and Credits which were of Michael P. Stolz personally appeared before this Gogrt 9n the return date of the application on February 14, 2023 and was personally advised by the Court the application was being granted and he should seek new counsel within thirty (30) days qW to proceed pro-se) and WHEREAS, that the Court granted applicatiòn of counsel to b relieved pursuant to CPLR §321(b) by the Order and Decision dated Pebruary 16, 2023 and Æntered on February 21, 2023; and WHEREAS, said Order and Decision directed that the plaintiff Óhail retain new counsel wid1ín thirty (30) days after being served with a copy of the Order an1 ecision with Notice of Entry; and WHEREAS, Notice of Entry was duly filed with the Court on ebruary 17, 2023, with proof of service that the Order and Decision dated February 16, 2023 and buttredonF4bruary17, 2023, was served upon the plaintiff, ThontasE. Stolz, at 304 Chelse4 Cdve ·South, HÁpe•ell Junction, New York, 12533, on 17 2023, U.S. First postage pre- February by Mai; Glá#Mail, paid on said date; and W.HEREA8, the Order and Decisica dated February 16, 2023 añd entered on Februãry 17, 2023, directed that the parties appear for a further Status Conferenceon April 142023 at 9:35 a.m,; and WEEREAS, the plaintiff, Thomas E. Stolz, as Administrator ofÏhe QFeds, Chattels and Credits which were ofMichael P. StoPA failed to appear at as directeï1by the Œrder and Decision and further failed to advise the Court ofa reasonable excuse for notappeadng; it is ORDERED, that the Complaint of thbplaintift ThomasE, Stolz s AdministratoY of the Goods, Chattels and Credits which were of Michel P. Stolz, be ând is hereby dismissed with prejudice; and it is further, 4885-70f2-8437, v. 1 2 of 3 4 of 5 FILED: DUTCHESS COUNTY CLERK 05/09/2023 04:56 PM INDEX NO. 2022-51719 INDEX NO , 2022-51719 FILED DOC. NYSCEF : DUTCHESS NO. 31 COUNTY CLERK 05 05 2 3 : 53 RECEIVED NYSCEF: 05/09/2023 NY SCE F DOC . NO. 28 RECEIVED NYSCE F: 05/04/2023 ORDERED, that a copy of this Order with Notice of Entry be filed with the Court and personally served upon plaintiff Thomas P. Stolz at 304 Chelsea Cove South, Hopewell Junction, New York, 12533, by counsel for defendant, Michael Shannon, MD, within twenty (20) days after posting of the same and that proof of service of same shall be efiled with this Court. The foregoing constitutes the Decision afid Or of this Coµrt Dated; April 4 , 2023 Poughkeepsie, NY HONORAB DWARD T. MCLOUGHLIN, AJ.S.C. TO: Counsel of Record Via NYSCEF 4886-7012-8437, v. 1 3 of 3 5 of 5