On March 12, 2015 a
Letter,Correspondence
was filed
involving a dispute between
Maria Delgado,
and
Nelson Rojas,
for Tort
in the District Court of Nassau County.
Preview
L AW 0 F F I C ES OF
- BERNIARD B ORANG
-
June 28, 2023
& ASS0CIATES, P.C.
BY ECF AND EMAIL
Hon. Felice Muraca
Justice of the Supreme Court
Supreme Court Building
100 Supreme Court Drive
Mineola, NY 11501
Re: Delgado v. Rojas; Index No. 601610/2015
Dear Justice Muraca:
I am counsel for Maria Delgado, the plaintiff-judgment creditor in this matter.
I write to urge you to decline the proposed Order to Show Cause (NYSCEF# 62) filed
yesterday by the defendant-judgment debtor, in which he seeks to vacate the
Judgment entered against him in 2016
This proposed motion comes on the back of the judgment debtor's
withdrawal yesterday of his prior motion, filed in August 2022, challenging the
judgment. After that motion was filed, the judgment debtor, as instructed by this
Court, filed an application in Bankruptcy Court to obtain a ruling there on his claims.
The Bankruptcy Court thereafter reopened the case, In re: Nelson Enrique Rojas,
Case No. 8-17-71674-AST, Docket Entry 59, and allowed the parties to file additional
papers.
On April 18, 2023, the Bankruptcy Court, after reviewing submissions from
the parties and hearing oral argument, denied the debtor's application in its
entirety. The Court's docket entry reads: "Court to enter Order denying motion to
case."
avoid lien and closing bankruptcy Copies of the relevant pages from the
Bankruptcy Court's docket, with the entry relating to the Court's decision circled,
are attached as Exhibit A.
The same argument now made by the judgment debtor in this Court for
the Judgment- that the Judgment is void under law because
vacating Bankruptcy
the inquest in this case was held days before a prior Bankruptcy Court case was
dismissed-was made by the deptor in Bankruptcy Court. See highlighted section in
Declaration of Ronald Weiss Law Offices dated October 20, 2022, Bankruptcy Court
Docket Entry #50, Exhibit B hereto. This argument was rejected by the Bankruptcy
Court and cannot be re-litigated here. The debtor's.remedy is an appeal of the
Bankruptcy court's ruling, not an application in this Court making the same failed
arguments.
238 WEST 139TH STREET NEW YORK, NEW YORK 10030 T: 212-608-5300 F: 212-608-5398 1 WWW.DORAZ 0-LAW.COM
We respectfully request that the Order to Show Cause be declined.
Very truly yours,
.. Bernard D'Orazio
Document Filed Date
June 28, 2023
Case Filing Date
March 12, 2015
Status
Disposed-Court Date/Application Pending
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L AW 0 F F I C ES OF - BERNIARD B ORANG - June 28, 2023 & ASS0CIATES, P.C. BY ECF AND EMAIL Hon. Felice Muraca Justice of the Supreme Court Supreme Court Building 100 Supreme Court Drive Mineola, NY 11501 Re: Delgado v. Rojas; Index No. 601610/2015 Dear Justice Muraca: I am counsel for Maria Delgado, the plaintiff-judgment creditor in this matter. I write to urge you to decline the proposed Order to Show Cause (NYSCEF# 62) filed yesterday by the defendant-judgment debtor, in which he seeks to vacate the Judgment entered against him in 2016 This proposed motion comes on the back of the judgment debtor's withdrawal yesterday of his prior motion, filed in August 2022, challenging the judgment. After that motion was filed, the judgment debtor, as instructed by this Court, filed an application in Bankruptcy Court to obtain a ruling there on his claims. The Bankruptcy Court thereafter reopened the case, In re: Nelson Enrique Rojas, Case No. 8-17-71674-AST, Docket Entry 59, and allowed the parties to file additional papers. On April 18, 2023, the Bankruptcy Court, after reviewing submissions from the parties and hearing oral argument, denied the debtor's application in its entirety. The Court's docket entry reads: "Court to enter Order denying motion to case." avoid lien and closing bankruptcy Copies of the relevant pages from the Bankruptcy Court's docket, with the entry relating to the Court's decision circled, are attached as Exhibit A. The same argument now made by the judgment debtor in this Court for the Judgment- that the Judgment is void under law because vacating Bankruptcy the inquest in this case was held days before a prior Bankruptcy Court case was dismissed-was made by the deptor in Bankruptcy Court. See highlighted section in Declaration of Ronald Weiss Law Offices dated October 20, 2022, Bankruptcy Court Docket Entry #50, Exhibit B hereto. This argument was rejected by the Bankruptcy Court and cannot be re-litigated here. The debtor's.remedy is an appeal of the Bankruptcy court's ruling, not an application in this Court making the same failed arguments. 238 WEST 139TH STREET NEW YORK, NEW YORK 10030 T: 212-608-5300 F: 212-608-5398 1 WWW.DORAZ 0-LAW.COM We respectfully request that the Order to Show Cause be declined. Very truly yours, .. Bernard D'Orazio