On January 12, 2023 a
Letter,Correspondence
was filed
involving a dispute between
Norman Lewis,
and
Nichols Law Firm, Pllc,
for Torts - Other (Conversion/Judiciary Law)
in the District Court of Clinton County.
Preview
FILED: CLINTON COUNTY CLERK 03/29/2023 06:39 PM INDEX NO. 2023-00023041
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/29/2023
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New York State - County of Clinton
137 Margaret Street - Suite 311
Plattsburgh, New York 12901
Choniber's Phone (5)8) 536-3815
TIMOTHY J. LAWLISS
Family C01111 Judge
Acting Supreme Court Justice
Acting County Court Judge
March 29, 2023
John Crotty, Esq.
(Via NYSCEF)
Joseph R. Nichols, Esq.
(Via NYSCEF)
Re: Norman Lewis v Nichols Law Firm PLLC
Index No.: 2023-00023041
RJI No.: 09-1-2023-0054E
Dear Counselors:
After further review, the Court has determined that Plaintiff in this action purchased an
Index Number in New York State Supreme Court, County of Clinton. However, Plaintiff filed
both a Summons and Verified Complaint captioned County Court, not Supreme Court. Indeed,
the summons itself specifies that the trial is to be held in "Clinton County, County Court".
Understandably, when Defendant filed their answer and counterclaim, Defendant captioned the
matter as a County Court matter mimicking the labelling of Plaintiff's Summons and Complaint.
Plaintiff then filed an RH in Supreme Court, which triggered a series of events leading to
the Court's letter of February 22, 2023 [NYSCEF Doc. No. 7] and the parties' proposed
Preliminary Conference Stipulation and Order [NYCEF Doc. No. 14].
Given that this is Supreme Court action and all the pleadings have been labelled as
County Court pleadings, the Court shall deem the filing of the pleadings as a nullity. When a
proper Summons and Complaint (and Answer) are filed, the Court will revisit the need for a
preliminary conference and scheduling order.
SO ORDERED
Sincerely,
/11
1{2:(
Hon. Tim v. y J. Lawliss
Acting 7s reme Court Justice
TJL/tal
1 of 1
Document Filed Date
March 29, 2023
Case Filing Date
January 12, 2023
Category
Torts - Other (Conversion/Judiciary Law)
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Preview
FILED: CLINTON COUNTY CLERK 03/29/2023 06:39 PM INDEX NO. 2023-00023041 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/29/2023 iNandierojt9Va. gino ' oftiAirceigeona New York State - County of Clinton 137 Margaret Street - Suite 311 Plattsburgh, New York 12901 Choniber's Phone (5)8) 536-3815 TIMOTHY J. LAWLISS Family C01111 Judge Acting Supreme Court Justice Acting County Court Judge March 29, 2023 John Crotty, Esq. (Via NYSCEF) Joseph R. Nichols, Esq. (Via NYSCEF) Re: Norman Lewis v Nichols Law Firm PLLC Index No.: 2023-00023041 RJI No.: 09-1-2023-0054E Dear Counselors: After further review, the Court has determined that Plaintiff in this action purchased an Index Number in New York State Supreme Court, County of Clinton. However, Plaintiff filed both a Summons and Verified Complaint captioned County Court, not Supreme Court. Indeed, the summons itself specifies that the trial is to be held in "Clinton County, County Court". Understandably, when Defendant filed their answer and counterclaim, Defendant captioned the matter as a County Court matter mimicking the labelling of Plaintiff's Summons and Complaint. Plaintiff then filed an RH in Supreme Court, which triggered a series of events leading to the Court's letter of February 22, 2023 [NYSCEF Doc. No. 7] and the parties' proposed Preliminary Conference Stipulation and Order [NYCEF Doc. No. 14]. Given that this is Supreme Court action and all the pleadings have been labelled as County Court pleadings, the Court shall deem the filing of the pleadings as a nullity. When a proper Summons and Complaint (and Answer) are filed, the Court will revisit the need for a preliminary conference and scheduling order. SO ORDERED Sincerely, /11 1{2:( Hon. Tim v. y J. Lawliss Acting 7s reme Court Justice TJL/tal 1 of 1