On June 03, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Michele Sardo Individually,
Michele Sardo
Individually,
N. J. S. An Infant, By And Through Her Parent And Natural Guardian, Michele Sardo, And,
N. J. S.
An Infant, By And Through Her Parent And Natural Guardian, Michele Sardo, And,
and
West Seneca Central School District,
West Seneca Central School District Board Of Education,
West Senior High School,
for Torts - Other Negligence (Negligent Supervision)
in the District Court of Erie County.
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FILED: ERIE COUNTY CLERK 11/07/2023 12:00 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/07/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
--------------------------------------X Our File No. 18011DZSIB
N.J.S, an infant, by and through her
Parent and Natural Guardian,
MICHELE SARDO, and
MICHELE SARDO, Individually
Plaintiffs, NOTICE OF MOTION
vs
Index No.: 805265/2020
WEST SENECA CENTRAL SCHOOL DISTRICT, Hon. Dennis E. Ward, J.S.C.
WEST SENECA CENTRAL SCHOOL DISTRICT Justice Presiding
BOARD OF EDUCATION AND
WEST SENIOR HIGH SCHOOL,
Defendants.
____________________________________Ç
WEST SENECA CENTRAL SCHOOL DISTRICT,
WEST SENECA CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION AND
WEST SENIOR HIGH SCHOOL,
Third-Party Plaintiffs
CHRYSTLER LEE STORTZ,
MI CHAEL JAMES STORTZ,
BARBARA ANNE STORTZ and
HEATHER A. THIBEAULT a/k/a HEATHER A. STORTZ
Third-Party Defendants
_______________________________------X ORAL ARGUMENT REQUESTED
PLEASE TAKE NOTICE that upon the annexed Affirmation of
Louis B. Dingeldey Jr., Esq., dated November 7, 2023, Defendants
/Third-Party Plaintiffs, WˆST SENECA CENTRAL SCHOOL DISTRICT,
WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION and WEST
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FILED: ERIE COUNTY CLERK 11/07/2023 12:00 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/07/2023
SENIOR HIGH SCHOOL will move this Court at the Courthouse
located at 25 Delaware, Part 12, Buffalo, New York 14202 on the
15th day of November, 2023 at 9:30 a.m. in the forenoon of that
day or as soon thereafter as counsel may be heard for an Order:
a. adjourning the trial of this action, and all matters
related to this action, pursuant to CPLR §5519(c); and
allowing the Defendants / Third-Party Plaintiffs and
all other parties the proper time to prepare for
trial;
b. and for such other and further relief as this Court
deems just, proper and equitable.
PLEASE TAKE FURTHER NOTICE, that the Defendants /Third-Party
Plaintiffs reserves the right to serve reply papers. Pursuant to
CPLR §§ 2214 and 2215, if the return date of this motion is
adjourned such that it is more than sixteen (16) days from the
date this Notice is affidavits and cross-
filed, any answering
motions are required to be served at least seven (7) days before
the return date of this motion (with additional service time
required if cross-motions are served by mail).
Dated: West Seneca, New York
November 7, 2023
Yours, etc.,
By:
ouis B. Dingeld y Jr
BAXTER & SMITH, P.C
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FILED: ERIE COUNTY CLERK 11/07/2023 12:00 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/07/2023
Attorneys for Defendants /
Third-Party Plaintiffs,
WEST SENECA CSD, WEST SENECA
CSD BOARD OF EDUCATION and
WEST SENIOR HIGH SCHOOL,
182 Dwyer Street
West Seneca, New York 14224
(716) 854-6140
TO: Joseph L. Nicastro, Esq.
Richard Hall, Esq.
Cantor Wolff Nicastro & Hall
Attorneys for Plaintiffs
Main Place Tower
350 Main Street, Suite 2140
Buffalo, New York 14202
(716) 848-8000
CC: Kristine N. Celeste, Esq.
DUKE HOLZMAN PHOTIADIS & GRESENS LLP
Attorneys for 3rd
Party Defendants,
MICHAEL JAMES STORTZ & BARBARA ANNE STORTZ
701 Seneca Street, Suite 750
Buffalo, New York 14210
(716) 855-1111
Gregory P. Krull, Esq.
LIPSITZ GREEN SCIME CAMBRIA LLP
Attorneys for 3rd CHRYSTLER LEE STORTZ
Party Defendant,
42 Delaware Avenue, Suite 120
Buffalo, New York 14202
(716) 849-1333
Thomas M. Lent, Esq.
MARSHALL, DENNEHEY,
WARNER, COLEMAN & GOGGIN
Attorneys for 3rd
Party Defendant,
HEATHER A. THIBEAULT a/k/a HEATHER A. STORTZ
717 State Street, #701
Erie, Pennsylvania 16501
(814) 480-7800
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FILED: ERIE COUNTY CLERK 11/07/2023 12:00 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/07/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE --------------------------------------X Our File No. 18011DZSIB N.J.S, an infant, by and through her Parent and Natural Guardian, MICHELE SARDO, and MICHELE SARDO, Individually Plaintiffs, NOTICE OF MOTION vs Index No.: 805265/2020 WEST SENECA CENTRAL SCHOOL DISTRICT, Hon. Dennis E. Ward, J.S.C. WEST SENECA CENTRAL SCHOOL DISTRICT Justice Presiding BOARD OF EDUCATION AND WEST SENIOR HIGH SCHOOL, Defendants. ____________________________________Ç WEST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION AND WEST SENIOR HIGH SCHOOL, Third-Party Plaintiffs CHRYSTLER LEE STORTZ, MI CHAEL JAMES STORTZ, BARBARA ANNE STORTZ and HEATHER A. THIBEAULT a/k/a HEATHER A. STORTZ Third-Party Defendants _______________________________------X ORAL ARGUMENT REQUESTED PLEASE TAKE NOTICE that upon the annexed Affirmation of Louis B. Dingeldey Jr., Esq., dated November 7, 2023, Defendants /Third-Party Plaintiffs, WˆST SENECA CENTRAL SCHOOL DISTRICT, WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION and WEST 1 of 3 FILED: ERIE COUNTY CLERK 11/07/2023 12:00 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/07/2023 SENIOR HIGH SCHOOL will move this Court at the Courthouse located at 25 Delaware, Part 12, Buffalo, New York 14202 on the 15th day of November, 2023 at 9:30 a.m. in the forenoon of that day or as soon thereafter as counsel may be heard for an Order: a. adjourning the trial of this action, and all matters related to this action, pursuant to CPLR §5519(c); and allowing the Defendants / Third-Party Plaintiffs and all other parties the proper time to prepare for trial; b. and for such other and further relief as this Court deems just, proper and equitable. PLEASE TAKE FURTHER NOTICE, that the Defendants /Third-Party Plaintiffs reserves the right to serve reply papers. Pursuant to CPLR §§ 2214 and 2215, if the return date of this motion is adjourned such that it is more than sixteen (16) days from the date this Notice is affidavits and cross- filed, any answering motions are required to be served at least seven (7) days before the return date of this motion (with additional service time required if cross-motions are served by mail). Dated: West Seneca, New York November 7, 2023 Yours, etc., By: ouis B. Dingeld y Jr BAXTER & SMITH, P.C 2 of 3 FILED: ERIE COUNTY CLERK 11/07/2023 12:00 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 11/07/2023 Attorneys for Defendants / Third-Party Plaintiffs, WEST SENECA CSD, WEST SENECA CSD BOARD OF EDUCATION and WEST SENIOR HIGH SCHOOL, 182 Dwyer Street West Seneca, New York 14224 (716) 854-6140 TO: Joseph L. Nicastro, Esq. Richard Hall, Esq. Cantor Wolff Nicastro & Hall Attorneys for Plaintiffs Main Place Tower 350 Main Street, Suite 2140 Buffalo, New York 14202 (716) 848-8000 CC: Kristine N. Celeste, Esq. DUKE HOLZMAN PHOTIADIS & GRESENS LLP Attorneys for 3rd Party Defendants, MICHAEL JAMES STORTZ & BARBARA ANNE STORTZ 701 Seneca Street, Suite 750 Buffalo, New York 14210 (716) 855-1111 Gregory P. Krull, Esq. LIPSITZ GREEN SCIME CAMBRIA LLP Attorneys for 3rd CHRYSTLER LEE STORTZ Party Defendant, 42 Delaware Avenue, Suite 120 Buffalo, New York 14202 (716) 849-1333 Thomas M. Lent, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Attorneys for 3rd Party Defendant, HEATHER A. THIBEAULT a/k/a HEATHER A. STORTZ 717 State Street, #701 Erie, Pennsylvania 16501 (814) 480-7800 3 of 3