Motion-Secondary: Matthew Mingo v. New York City Department Of Education, Consolidated Bus Transit Inc, Caleb Bernard

• 
• 

						
                                
Preview
                                FILED:         KINGS       COUNTY         CLERK        06/22/2018             10:48       AM                        INDEX    NO.   521400/2016
   NYSCEF     DOC.   NO.   36                                                                                 RECEIVED      NYSCEF:     06/22/2018




                   SUPREME       COURT     OF  THE    STATE    OF  NEW     YORK
                   COUNTY      OF  KINGS
                   -----------------------------------------------------------------X            Index   No:  521400/2016
                   MATTHEW        MINGO,

                                                                        (
                                              Plaintiff,                                         AFFIRMATION            IN
                                                                                                 OPPOSITION
                                     -against-



                   NEW    YORK    CITY   DEPARTMENT          OF
                   EDUCATION,       CONSOLIDATED           BUS
                   TRANSIT     INC   and  CALEB    BERNARD,


                                              Defendants.
                   ____________________________________.·----------------------------X

                            I,Angel   R. Vitiello, Esq.,  an  attorney  duly  admitted    to practice  law  before  the  Courts  of the


                   State of New   York,  pursuant    to CPLR    2106,  duly  affirms  the truth  of the  following:


                       1.   I am   associated    with   the  firm   of  WILLIAM       SCHWITZER        &  ASSOCIATES,         P.C., the


                   attorneys   for the  Plaintiff herein,   and  as such   am   fully familiar  with  the  facts  and  circumstances


                   surrounding    this action.

                                                                                                   Defendants'
                                                                                                   .Defendants'
                       2.   I respectfully    submit   this  Affirmation     in Opposition     to                  Notice   of  Motion



                   seeking  an  Order:


                                a.   Pursuant    to CPLR    5 202.21(e)    of the  Uniform    Rules   for the  New   York   State  Trial


                                     Courts,   striking   the  Plaintiff's  Note    of  Issue  and    statement    of  readiness    and



                                     removing      this   action   from     the   Trial   Calendar     as   authorizations      remain


                                     outstanding;


                                b.   pursuant    to  CPLR     5  3124,  compelling     Plaintiff  to  respond    to  the  outstanding


                                     discovery;


                                c.   extending    the time   to file dispositive  motions    in this  matter   to 120  days   from  the


                                     completion    of the outstanding     discovery;  and


                                d.   for such  other  and  further  relief as to this  Court  may   seem  just  and  proper.


                       3.   On   June   14, 2018,   Plaintiff  served  a Response     to  Defendants     Discovery    Demand     Dated


                                                                                                               "A."
                            February    21, 2018,   a copy   of  which   is annexed    hereto   as  Exhibit            Therefore,   the




                                                                        1  of   2
   FILED:         KINGS       COUNTY         CLERK        06/22/2018             10:48       AM                        INDEX    NO.   521400/2016
   NYSCEF     DOC.   NO.   36                                                                                 RECEIVED      NYSCEF:     06/22/2018




                           motion    is moot.


                       4.  To  the  extent  the  Court  extends   the  time  to file dispositive   motions,   Plaintiff requests   that


                           all parties    be  provided   an  extension   to file dispositive  motions.

                                                                                               Defendants'
                           WHEREFORE,            it is respectfully    requested    that  the                 Notice    of Motion    be


                  denied   in its entirety, and  for what   other  and  further  relief as this Court   deems   just  and  necessary.


                  Dated:   New   York,  New   York
                           June   20, 2018




                                                                                           Angel  R. Vitiello,  Esq.




                                                                        2  of   2