Preview
FILED: TIOGA COUNTY CLERK 09/29/2023 04:52 PM INDEX NO. 2022-00062771
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 09/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
--------------------------------------------------------- X
NADEZHDA ZAYTSEVA, Administratrix of :
the Estate of Irina A. Zaytseva, deceased,
Index No.: 2022-00062771
Plaintiffs,
AFFIDAVIT OF GABRIELLA A.
RUSSO SEEKING AN ORDER FOR
ADMISSION PRO HAC VICE NUNC
SCOTT J. MACDONALD; DOREEN
PRO WNC
MACDONALD; EARLE R. HILL, III; and :
ANDREW D. TIFT,
:
Defendants.
--------------------------------------------------------- X
I, GABRIELLA A. RUSSO, ESQ., submit this affidavit under penalty of perjury for an
order for admission pro hac vice Nune Pro Tune pursuant to N.Y. Comp. Codes R. & Regs. tit.
22, § 520.11, to represent Plaintiffs, NADEZHDA ZAYTSEVA, Administratrix of the Estate of
Irina A. Zaytseva, deceased, in the above-referenced case, and certify as follows:
1. I, GABRIELLA A. RUSSO, ESQ., am an Attorney licensed to practice law in the
State of New Jersey.
2. I passed the Uniform Bar Exam ("UBE") following law school graduation in 2021, but
was not sworn in until January 2022 due to COVID restrictions imposed at the time.
As such, I have been admitted to practice law in the State of New Jersey for 1 year and
8 months.
3. I have been an Associate at Wilentz, Goldman & Spitzer, P.A., located at 125 Half
Mile Road, Ste. 100, Red Bank, New Jersey, for 1 year.
4. I am a member in good standing of the bar of the State of New Jersey. See Certificate
"A."
of Good Standing, attached as Exhibit
1 of 4
FILED: TIOGA COUNTY CLERK 09/29/2023 04:52 PM INDEX NO. 2022-00062771
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 09/29/2023
5. In accordance with NYCRR § 520.11(c), I am associated with Kevin M. Berry,
Shareholder of Wilentz, Goldman & Spitzer, P.A., who has been a member in good
standing of the bar of the State of New York for 37 years.
6. Kevin M. Berry is resident of Wilentz, Goldman & Spitzer P.A.'s New York office
located at 14 Wall St #6b, New York, NY 10005, and is the Attorney of Record in the
above-captioned matter.
7. This law firm has been retained to represent NADEZHDA ZAYTSEVA,
Administratrix of the Estate of Irina A. Zaytseva, deceased, in connection with the
above-referenced wrongful death matter.
8. A Verified Complaint and Summons was filed with the Tioga County Clerk by Kevin
M. Berry on December 22, 2022. S Verified Summons and Complaint, attached as
"B."
Exhibit
9. Consent was obtained by adverse counsel and Counsel of Record to proceed pro hac
vice in the above-captioned matter.
10. Stipulation for Admission Pro Hac Vice was filed by Wilentz, Goldman & Spitzer,
P.A.'s New York office and received by NYSCEF on May 4, 2023. See Stipulation
"C."
attached as Exhibit
11. I believed, in good faith, that the Stipulation of Counsel was sufficient to proceed pro
hac vice because my adversaries consented to admission, and did not object to my
appearance during the deposition of Nadezhda Zaytseva on July 6, 2023, nor the
deposition of Earle R. Hill, III, on September 6, 2023.
12. I came to learn through my due diligence prior to the deposition of Scott J.
MacDonald, expected to take place on October 4, 2023, that a Request for Judicial
2 of 4
FILED: TIOGA COUNTY CLERK 09/29/2023 04:52 PM INDEX NO. 2022-00062771
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 09/29/2023
Intervention ("RJI") was never filed by our New York office. Therefore, an order
granting Admission Pro Hac Vice was never granted because a Judge was not yet
assigned to the docket.
13. Upon learning a RJI was not filed, this undersigned office immediately notified
counsel of the deposition's cancellation and that an order granting pro hac vice
admission was never granted.
14. Due to inadvertent clerical error between the New Jersey and New York office, the RJI
"D."
was accordingly filed on September 26, 2023. See RJI attached as Exhibit
15. On September 27, 2023, Kevin M. Berry received Judicial Assignment Notice and
notified the undersigned and John E. Keefe, Jr. See Judicial Assignment Notice,
"E."
attached as Exhibit
16. Accordingly, the undersigned respectfully requests an order granting admission pro
hac vice Nunc Pro Tunc, so that my admission pro hac vice in the State of New York
pre-dates my appearance at the on July 6, 2023, and September 6, 2023 depositions.
17. I have never been the subject of disciplinary proceedings in any jurisdiction.
18. I have never been the subject of any arrest, charge, or conviction for any felony or
misdemeanor.
19. I have never been the subject of disciplinary proceedings in any jurisdiction.
20. I am familiar with, and will comply with, the standards of professional conduct
imposed upon members of the New York bar, including the rules of court governing
the conduct of attorneys and the Rules of Professional conduct.
21. I have never had a previous pro hac vice admission denied or revoked for misconduct
by this Court or any other.
3 of 4
FILED: TIOGA COUNTY CLERK 09/29/2023 04:52 PM INDEX NO. 2022-00062771
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 09/29/2023
I further declare under the penalty of perjury that the foregoing information is true and
correct, and that this declaration was executed by me on September 28, 2023.
Dated: September 28, 2023
Red Bank, New Jersey '
abriella A. sso, .
4 of 4
Preview
FILED: TIOGA COUNTY CLERK 09/29/2023 04:52 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 09/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA --------------------------------------------------------- X NADEZHDA ZAYTSEVA, Administratrix of : the Estate of Irina A. Zaytseva, deceased, Index No.: 2022-00062771 Plaintiffs, AFFIDAVIT OF GABRIELLA A. RUSSO SEEKING AN ORDER FOR ADMISSION PRO HAC VICE NUNC SCOTT J. MACDONALD; DOREEN PRO WNC MACDONALD; EARLE R. HILL, III; and : ANDREW D. TIFT, : Defendants. --------------------------------------------------------- X I, GABRIELLA A. RUSSO, ESQ., submit this affidavit under penalty of perjury for an order for admission pro hac vice Nune Pro Tune pursuant to N.Y. Comp. Codes R. & Regs. tit. 22, § 520.11, to represent Plaintiffs, NADEZHDA ZAYTSEVA, Administratrix of the Estate of Irina A. Zaytseva, deceased, in the above-referenced case, and certify as follows: 1. I, GABRIELLA A. RUSSO, ESQ., am an Attorney licensed to practice law in the State of New Jersey. 2. I passed the Uniform Bar Exam ("UBE") following law school graduation in 2021, but was not sworn in until January 2022 due to COVID restrictions imposed at the time. As such, I have been admitted to practice law in the State of New Jersey for 1 year and 8 months. 3. I have been an Associate at Wilentz, Goldman & Spitzer, P.A., located at 125 Half Mile Road, Ste. 100, Red Bank, New Jersey, for 1 year. 4. I am a member in good standing of the bar of the State of New Jersey. See Certificate "A." of Good Standing, attached as Exhibit 1 of 4 FILED: TIOGA COUNTY CLERK 09/29/2023 04:52 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 09/29/2023 5. In accordance with NYCRR § 520.11(c), I am associated with Kevin M. Berry, Shareholder of Wilentz, Goldman & Spitzer, P.A., who has been a member in good standing of the bar of the State of New York for 37 years. 6. Kevin M. Berry is resident of Wilentz, Goldman & Spitzer P.A.'s New York office located at 14 Wall St #6b, New York, NY 10005, and is the Attorney of Record in the above-captioned matter. 7. This law firm has been retained to represent NADEZHDA ZAYTSEVA, Administratrix of the Estate of Irina A. Zaytseva, deceased, in connection with the above-referenced wrongful death matter. 8. A Verified Complaint and Summons was filed with the Tioga County Clerk by Kevin M. Berry on December 22, 2022. S Verified Summons and Complaint, attached as "B." Exhibit 9. Consent was obtained by adverse counsel and Counsel of Record to proceed pro hac vice in the above-captioned matter. 10. Stipulation for Admission Pro Hac Vice was filed by Wilentz, Goldman & Spitzer, P.A.'s New York office and received by NYSCEF on May 4, 2023. See Stipulation "C." attached as Exhibit 11. I believed, in good faith, that the Stipulation of Counsel was sufficient to proceed pro hac vice because my adversaries consented to admission, and did not object to my appearance during the deposition of Nadezhda Zaytseva on July 6, 2023, nor the deposition of Earle R. Hill, III, on September 6, 2023. 12. I came to learn through my due diligence prior to the deposition of Scott J. MacDonald, expected to take place on October 4, 2023, that a Request for Judicial 2 of 4 FILED: TIOGA COUNTY CLERK 09/29/2023 04:52 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 09/29/2023 Intervention ("RJI") was never filed by our New York office. Therefore, an order granting Admission Pro Hac Vice was never granted because a Judge was not yet assigned to the docket. 13. Upon learning a RJI was not filed, this undersigned office immediately notified counsel of the deposition's cancellation and that an order granting pro hac vice admission was never granted. 14. Due to inadvertent clerical error between the New Jersey and New York office, the RJI "D." was accordingly filed on September 26, 2023. See RJI attached as Exhibit 15. On September 27, 2023, Kevin M. Berry received Judicial Assignment Notice and notified the undersigned and John E. Keefe, Jr. See Judicial Assignment Notice, "E." attached as Exhibit 16. Accordingly, the undersigned respectfully requests an order granting admission pro hac vice Nunc Pro Tunc, so that my admission pro hac vice in the State of New York pre-dates my appearance at the on July 6, 2023, and September 6, 2023 depositions. 17. I have never been the subject of disciplinary proceedings in any jurisdiction. 18. I have never been the subject of any arrest, charge, or conviction for any felony or misdemeanor. 19. I have never been the subject of disciplinary proceedings in any jurisdiction. 20. I am familiar with, and will comply with, the standards of professional conduct imposed upon members of the New York bar, including the rules of court governing the conduct of attorneys and the Rules of Professional conduct. 21. I have never had a previous pro hac vice admission denied or revoked for misconduct by this Court or any other. 3 of 4 FILED: TIOGA COUNTY CLERK 09/29/2023 04:52 PM INDEX NO. 2022-00062771 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 09/29/2023 I further declare under the penalty of perjury that the foregoing information is true and correct, and that this declaration was executed by me on September 28, 2023. Dated: September 28, 2023 Red Bank, New Jersey ' abriella A. sso, . 4 of 4