On September 14, 2021 a
Letter,Correspondence
was filed
involving a dispute between
Chrystal A Robinson,
Derek A Robinson,
and
Joshua Cleveland,
Joshua Cleveland Masonry Plus Llc,
for Commercial - Contract
in the District Court of Oswego County.
Preview
(FILED: OUSWEGO COUNTY CLERK 05/2372023 03:53 PM INDEX NO. EFC-2021-1346
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/23/2023
Sal New STATE OF NEW YORK
ig o>
SUPREME CouRT CHAMBERS
DoucLas M. MCRAE
OSWEGO COUNTY COURTHOUSE PRINCIPAL LAW CLERK
25 EAST ONEIDA STREET
corte OSWEGO, NEW YORK 13126
eee Court CHAMBERS PHONE: (315) 207-7525 ERIC VAN BUREN
LAW SECRETARY
Scott J. DELCONTE (CHAMBERS EMAIL: DELCONTE-CHAMBERS@NYCOURTS.GOV
JUSTICE
Via NYSCEF
May 23, 2023
nn _ John D- Conners, Esq.
“Terry J. Kirwan, Esq.
Kirwan Law Firm PC Amdursky Pelky Fennell & Wallen P
2401 Burnet Avenue 26 Ease Oneida Street
Syracuse, New York 13206 Oswego, New York 13126
Re: Robinson v. Cleveland
Index No.: EFC-2021-1346
Dear Counselors:
This follows the Virtual Pretrial Conference held today.
Note of Issue
Plaintiff shall file the Note of Issue on or before Monday, June 5, 2023.
Trial
As mutually agreed, the Non-Jury Trial in this action is scheduled to begin on
Wednesday, August 16, 2023 at 9:30a.m. at the Oswego County Courthouse at
25 East Oneida Street in Oswego, New York. The trial date is a date certain and will only be
adjourned upon motion for good cause shown.
Trial Submissions
1 Trial briefs, requested trial subpoenas and motions in limine, if any, must be filed
via NYSCEF no later than noon on Monday, August 7, 2023. Unless otherwise directed,
opposition papers must be filed no later than noon on Monday, August 14, 2023.
Oral argument on motions in limine will be scheduled by the Court after all submissions
have been received, and may be held virtually. The Court may also, in its discretion, take
some or all motions in limine on submission.
1 of 2
(FILED: OSWEGO COUNTY CLERK 05/2372023 03:53 PM INDEX NO. EFC-2021-1346
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/23/2023
2. No later than noon on Monday, August 14, 2023 each party shall submit via email to
DELCONTE-CHAMBERS@NYCOURTS.GOV, with copies to opposing counsel, a list of all
exhibits, except those to be used solely for credibility or rebuttal, including a brief
description of each exhibit.
Findings of Fact and Conclusions of Law
Following the trial, the parties will be afforded an opportunity pursuant to CPLR 4213 to submit
requests for Findings of Fact and Conclusions of Law.
__ Settlement —__ _ - _ __
Pursuant to 22 NYCRR § 202.28 of the Rules of the Chief Administrator, counsel is directed to
promptly notify this Court in writing if this action is discontinued, wholly or partially settled by
stipulation pursuant to CPLR 2104, or if a party has died or become a debtor in bankruptcy.
SO ORDERED,
Co
SCO J. DELCONTE, J.S.C.
2 of 2
Document Filed Date
May 23, 2023
Case Filing Date
September 14, 2021
Category
Commercial - Contract
Status
Active-Post Judgment
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(FILED: OUSWEGO COUNTY CLERK 05/2372023 03:53 PM INDEX NO. EFC-2021-1346 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/23/2023 Sal New STATE OF NEW YORK ig o> SUPREME CouRT CHAMBERS DoucLas M. MCRAE OSWEGO COUNTY COURTHOUSE PRINCIPAL LAW CLERK 25 EAST ONEIDA STREET corte OSWEGO, NEW YORK 13126 eee Court CHAMBERS PHONE: (315) 207-7525 ERIC VAN BUREN LAW SECRETARY Scott J. DELCONTE (CHAMBERS EMAIL: DELCONTE-CHAMBERS@NYCOURTS.GOV JUSTICE Via NYSCEF May 23, 2023 nn _ John D- Conners, Esq. “Terry J. Kirwan, Esq. Kirwan Law Firm PC Amdursky Pelky Fennell & Wallen P 2401 Burnet Avenue 26 Ease Oneida Street Syracuse, New York 13206 Oswego, New York 13126 Re: Robinson v. Cleveland Index No.: EFC-2021-1346 Dear Counselors: This follows the Virtual Pretrial Conference held today. Note of Issue Plaintiff shall file the Note of Issue on or before Monday, June 5, 2023. Trial As mutually agreed, the Non-Jury Trial in this action is scheduled to begin on Wednesday, August 16, 2023 at 9:30a.m. at the Oswego County Courthouse at 25 East Oneida Street in Oswego, New York. The trial date is a date certain and will only be adjourned upon motion for good cause shown. Trial Submissions 1 Trial briefs, requested trial subpoenas and motions in limine, if any, must be filed via NYSCEF no later than noon on Monday, August 7, 2023. Unless otherwise directed, opposition papers must be filed no later than noon on Monday, August 14, 2023. Oral argument on motions in limine will be scheduled by the Court after all submissions have been received, and may be held virtually. The Court may also, in its discretion, take some or all motions in limine on submission. 1 of 2 (FILED: OSWEGO COUNTY CLERK 05/2372023 03:53 PM INDEX NO. EFC-2021-1346 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/23/2023 2. No later than noon on Monday, August 14, 2023 each party shall submit via email to DELCONTE-CHAMBERS@NYCOURTS.GOV, with copies to opposing counsel, a list of all exhibits, except those to be used solely for credibility or rebuttal, including a brief description of each exhibit. Findings of Fact and Conclusions of Law Following the trial, the parties will be afforded an opportunity pursuant to CPLR 4213 to submit requests for Findings of Fact and Conclusions of Law. __ Settlement —__ _ - _ __ Pursuant to 22 NYCRR § 202.28 of the Rules of the Chief Administrator, counsel is directed to promptly notify this Court in writing if this action is discontinued, wholly or partially settled by stipulation pursuant to CPLR 2104, or if a party has died or become a debtor in bankruptcy. SO ORDERED, Co SCO J. DELCONTE, J.S.C. 2 of 2