On May 15, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Balestriere Pllc,
and
Ames Ray,
David B Anziska,
for Torts - Other (Malicious Prosecution)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 09/12/2023 06:22 PM INDEX NO. 154425/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2023
Matthew W. Schmidt
BALESTRIERE FARIELLO
225 Broadway, 29th Floor
New York, New York 10007
Telephone: (212) 374-5421
Facsimile: (212) 208-2613
matthew.schmidt@balestrierefariello.com
Attorney for Plaintiffs
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
BALESTRIERE PLLC,
Index No.: 154425/2023
Plaintiff,
NOTICE OF MOTION
-against- PURSUANT TO CPLR 306-b
AND 308 FOR
AMES RAY and DAVID B. ANZISKA, ALTERNATIVE SERVICE
AND EXTENSION OF TIME
Defendants. TO SERVE PROCESS
1 of 2
FILED: NEW YORK COUNTY CLERK 09/12/2023 06:22 PM INDEX NO. 154425/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2023
PLEASE TAKE NOTICE that upon the annexed affirmation of Matthew W.
Schmidt, with accompanying exhibits, Plaintiff Balestriere PLLC (the “Firm”) will move
this Court at the Motion Submission Part Courtroom, Room 130, at the courthouse located
at 60 Center Street, New York, New York on September 28, 2023, at 9:30 a.m., or as soon
thereafter as counsel can be heard, for an order pursuant to CPLR 306-b and 308 for an
order granting it an extension of time to serve Defendants Ames Ray (“Ray”) and David
B. Anziska (“Anziska”) using an alternative method of service.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering
papers, if any, must be served upon the undersigned at least seven (7) days prior to the
return date of this motion.
Dated: New York, New York
September 12, 2023
By: ______________________________
Matthew W. Schmidt
BALESTRIERE FARIELLO
225 Broadway, 29th Floor
New York, New York 10007
Telephone: (212) 374-5421
Facsimile: (212) 208-2613
matthew.schmidt@balestrierefariello.com
Attorneys for Plaintiff
1
2 of 2
Document Filed Date
September 12, 2023
Case Filing Date
May 15, 2023
Category
Torts - Other (Malicious Prosecution)
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Preview
FILED: NEW YORK COUNTY CLERK 09/12/2023 06:22 PM INDEX NO. 154425/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2023 Matthew W. Schmidt BALESTRIERE FARIELLO 225 Broadway, 29th Floor New York, New York 10007 Telephone: (212) 374-5421 Facsimile: (212) 208-2613 matthew.schmidt@balestrierefariello.com Attorney for Plaintiffs SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BALESTRIERE PLLC, Index No.: 154425/2023 Plaintiff, NOTICE OF MOTION -against- PURSUANT TO CPLR 306-b AND 308 FOR AMES RAY and DAVID B. ANZISKA, ALTERNATIVE SERVICE AND EXTENSION OF TIME Defendants. TO SERVE PROCESS 1 of 2 FILED: NEW YORK COUNTY CLERK 09/12/2023 06:22 PM INDEX NO. 154425/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/12/2023 PLEASE TAKE NOTICE that upon the annexed affirmation of Matthew W. Schmidt, with accompanying exhibits, Plaintiff Balestriere PLLC (the “Firm”) will move this Court at the Motion Submission Part Courtroom, Room 130, at the courthouse located at 60 Center Street, New York, New York on September 28, 2023, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an order pursuant to CPLR 306-b and 308 for an order granting it an extension of time to serve Defendants Ames Ray (“Ray”) and David B. Anziska (“Anziska”) using an alternative method of service. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: New York, New York September 12, 2023 By: ______________________________ Matthew W. Schmidt BALESTRIERE FARIELLO 225 Broadway, 29th Floor New York, New York 10007 Telephone: (212) 374-5421 Facsimile: (212) 208-2613 matthew.schmidt@balestrierefariello.com Attorneys for Plaintiff 1 2 of 2