Preview
FILED: KINGS COUNTY CLERK 09/22/2023 04:05 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 09/22/2023
At Part CVA/P2 of the Supreme
Court of the State of New York,
County of Kings held at 71 Thomas
Street, New York, New York on the
day of RF437. . 2023.
P R E S E N T: Hon. Alexander M. Tisch,
Justice of the Supreme Court
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS : PART CVA/P2
__________________________________---------------------------------X
MotierrSequeneeNe-6=
CAROLINE BORRINO, :
:
Plaintiff, : Index No.: 506296/2020
- against - :
DIOCESE OF BROOKLYN, OUR LADY OF : ORDER TO
GUADALUPE CHURCH AND SCHOOL, : SHOW CAUSE
SISTERS OF ST. JOSEPH, and SISTERS OF ST. :
DOMINIC, :
:
Defendants. :
:
______-___---------------------------------------------------------X
Upon reading and filing the annexed Affirmation in Support of Jeremy S. Rosof, Esq. of
Shaub, Ahmuty, Citrin & Spratt, LLP, attorneys for Defendant The Roman Catholic Diocese of
Brooklyn, New York (the "Diocese"), dated September 6, 2023, together with the exhibits thereto,
the accompanying memorandum of law and upon all prior papers and proceedings in this action,
LET the plaintiff show cause before this Court, to be held at the Courthouse, located at 71
Thomas Street, New York, New York 10013, in Courtroom 104, CVA Part 2, on the day of
þ , 2023, at . , before the Honorable Alexander M. Tisch, or as soon thereafter
as counsel can be heard, why an Order should not be made in this action, pursuant to N.Y. Ct.
Rules § 202.21(e), vacating plaintiff's Note of Issue and Certificate of Readiness and striking this
1 of 2
FILED: KINGS COUNTY CLERK 09/22/2023 04:05 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 09/22/2023
case from the Court's trial calendar, and granting the Diocese such other and further relief as the
Court deems just and proper; and
Pending the hearing f this motion and good cause appearing therefor,
it is ORDERED pursuant to CPLR 3212(a) and CPLR 2201, that the 90-day period in Section
IV(4) of the First Compliance Conference Stipulation and Order for filing of dispositive motions
is suspended and/or stayed and will commence to run upon service of notice of entry of this Court's
Order determining the motion only if the Diocese's motion to vacate the Note of Issue and
rtificate of Readiness is denied.
Sufficient cause being alleged, it is hereby ORDERED:
1) That the Diocese is directed to e-file a conformed copy of the signed Order to Show
Cause and the papers in support thereof with the site of the New York State Courts Electronic
Filing System ("NYSCEF") on or before , 2023, which shall be deemed
good and sufficient service on all parties participating in e-filing in this case of both the signed
order to show cause and the papers in support thereof that were previously e-filed.
2) Opposition papers, if any, shall be e-filed to the NYSCEF site by
, 2023.
3) Reply papers, if any, shall be e-filed to the NYSCEF site by ,
2023.
E N T E R:
, J.S.C.
ALEXANDER M. USCH
HON.
2
4875-7669-2092, v. 1
2 of 2
Preview
FILED: KINGS COUNTY CLERK 09/22/2023 04:05 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 09/22/2023 At Part CVA/P2 of the Supreme Court of the State of New York, County of Kings held at 71 Thomas Street, New York, New York on the day of RF437. . 2023. P R E S E N T: Hon. Alexander M. Tisch, Justice of the Supreme Court SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS : PART CVA/P2 __________________________________---------------------------------X MotierrSequeneeNe-6= CAROLINE BORRINO, : : Plaintiff, : Index No.: 506296/2020 - against - : DIOCESE OF BROOKLYN, OUR LADY OF : ORDER TO GUADALUPE CHURCH AND SCHOOL, : SHOW CAUSE SISTERS OF ST. JOSEPH, and SISTERS OF ST. : DOMINIC, : : Defendants. : : ______-___---------------------------------------------------------X Upon reading and filing the annexed Affirmation in Support of Jeremy S. Rosof, Esq. of Shaub, Ahmuty, Citrin & Spratt, LLP, attorneys for Defendant The Roman Catholic Diocese of Brooklyn, New York (the "Diocese"), dated September 6, 2023, together with the exhibits thereto, the accompanying memorandum of law and upon all prior papers and proceedings in this action, LET the plaintiff show cause before this Court, to be held at the Courthouse, located at 71 Thomas Street, New York, New York 10013, in Courtroom 104, CVA Part 2, on the day of þ , 2023, at . , before the Honorable Alexander M. Tisch, or as soon thereafter as counsel can be heard, why an Order should not be made in this action, pursuant to N.Y. Ct. Rules § 202.21(e), vacating plaintiff's Note of Issue and Certificate of Readiness and striking this 1 of 2 FILED: KINGS COUNTY CLERK 09/22/2023 04:05 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 09/22/2023 case from the Court's trial calendar, and granting the Diocese such other and further relief as the Court deems just and proper; and Pending the hearing f this motion and good cause appearing therefor, it is ORDERED pursuant to CPLR 3212(a) and CPLR 2201, that the 90-day period in Section IV(4) of the First Compliance Conference Stipulation and Order for filing of dispositive motions is suspended and/or stayed and will commence to run upon service of notice of entry of this Court's Order determining the motion only if the Diocese's motion to vacate the Note of Issue and rtificate of Readiness is denied. Sufficient cause being alleged, it is hereby ORDERED: 1) That the Diocese is directed to e-file a conformed copy of the signed Order to Show Cause and the papers in support thereof with the site of the New York State Courts Electronic Filing System ("NYSCEF") on or before , 2023, which shall be deemed good and sufficient service on all parties participating in e-filing in this case of both the signed order to show cause and the papers in support thereof that were previously e-filed. 2) Opposition papers, if any, shall be e-filed to the NYSCEF site by , 2023. 3) Reply papers, if any, shall be e-filed to the NYSCEF site by , 2023. E N T E R: , J.S.C. ALEXANDER M. USCH HON. 2 4875-7669-2092, v. 1 2 of 2