On April 08, 2021 a
Order
was filed
involving a dispute between
Anne Chmielewski,
and
James Bindics,
for Commercial - Contract
in the District Court of Erie County.
Preview
; INDEX NO. :804606/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/10/2023
2
Supreme Court of the State of New York
County of ERIE
ANNE CHMIELEWSKI
Plaintiff(s) ORDER OF REFERRAL
-Vs- TO ADR |
JAMES BINDICS
Defendant(s) Index No: 0460672021
i}
;
} i
It being the policy of the Unified Court System to encourage resolution of civil legal disputes'by Alternative’
Dispute Resolution (ADR) methods at the earliest practicable opportunity; and courts having authority to;
refer actions to ADR at any time after case commencement; and due deliberation haying been. had!
thereupon, it is hereby ;
i
ORDERED, that this action is referred for the following ADR process (check one):
X Settlement Conferencing with the Martin P. Violante ADR Center (for all civil Gases, except matrimonial
matters)
Program contact: 8jdadr@nycourts.gov }
Mediation with the Martin P. Violante ADR Center (for all civil cases, except. matrimonial imatters)
Program contact: idadr@nycourts.gov i
Catastrophic Loss Conferencing with the Martin P, Violante ADR Center (for medical snalpebtce, nursing 8
1i
home negligence, and cases with significant damages) i
Program contact Amy Ziegler aziegler@nycourts.gov
|
Settlement conferencing with a Settlement Judge, as requested by counsel jointly @2 NYCRR 202.291
202.70) (for any civil cases) and this Court having found that the ADR process sele ted herein wil further the
interests of justice and benefit the parties and the court
Name of Justice
Chambers’ Phone Number:
Program contact idadi nycourts. gov
Mediation with a Court Roster Neutral selected from the court-approved roster
(http://w? nycourts.gow/COURTS/8jd/adr:shtml ) (for all civil cases);
Name of selected neutral
Neutral’s Phone Number.
Program contact 8idadr@nycourts.gov f
Neutral Evaluation by a Court Roster Neutral selected from the court-approved roster
(http:/Avw2.nycourts.gov/COURTS/8jd/adr.shtm!) (for all civil cases),
}
Name of selected neutral
Neutral’s email.and phone:#
Program contact 8jdadr@nycourts.gov
c Conference with ADR Coordinator (Child Victim Act and Adult Survivor Act Cases)
and it is further
Tor 3
INDEX NO. 804606/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/10/2023
date, and
ORDERED, that the ADR process shall be commenced within 45 days of this order at a time,
place to be determined by the ADR provider; and it is further
ORDERED, that for referrals made to a Court Roster Neutral, the Court Roster Neutral shall provide 120
minutes of ADR services for free (60 minutes of which may be spent in preparation time and at least 60
minutes of which must be spent in the first ADR session); If the parties and Court Roster Neutral agree to
continue beyond the free 120 minutes, the Court Roster Neutral may charge the fee published in the Roster
of Neutrals (provided such fee has been disclosed to the parties in writing and in advance of the first ADR
session); All ADR costs shall be shared equally by the parties unless otherwise directed by the Court or as
agreed in writing by the parties; and it is further
ORDERED, that as related to this referral, the mediators and neutral evaluators shall keep confidential the
ADR processes and any oral or written communications related thereto unless all parties consent or there
are allegations of child abuse or threats of imminent harm; the parties may not testify about what happened
in the mediation or neutral evaluation process, and they may not ask or compel the mediator, neutral
evaluator, or other party to give evidence real or testimonial, about what happened in the mediation or
neutral evaluation, unless compelled to do so by court order or it is otherwise allowed by law; and it is
further
ORDERED, that at the conclusion of the ADR process, the ADR provider shall complete the attached
report and email it to this Court and 8jdadr@nycourts.gov; and it is further
ORDERED, the parties shall appear (in person/virtually) for a status conference with this Court on
December 18, 2023 at 2:30P.m, and the parties shall then be prepared to report about the ADR process,
including 1) Name of ADR provider, 2) Dates and durations of ADR sessions, 3) Outcome of ADR,
including whether settlement was reached, and 4) whether further ADR sessions are scheduled or
requested.
Dated: October 10, 2023
Buffalo, New York
poet J)GREENAN III
Case Information:
Trial Date:
Case Type: Commercial - Contract
RJI Date: 07/12/2022
TO: jdadr@nycourts.go'
Plaintiff Atty: Olivia T. Paulo-Lee Defense Atty: Michael G. Cooper
Address: 1967 Wehrle Dr. Ste 9 Address: 6101 South Park Ave.
Williamsville, NY, 14221 Hamburg, NY, 14075
Telephone: 716-634-7400 Telephone: 716-648-5695
Email: OTL@longpaulolee.com Email: coopmgc@aol.com
Additional P/D Atty: Additional P/D Atty:
Address: Address:
Telephone: Telephone:
Email: Email:
of 3
i INDEX NO. {804606/2021
(FILED: ERIE COUNTY CLERK 10/11/2023 01:26 PM
NYSCEF DOC. NO. 10 RECEIVED NYSCEF = i 10/10/2023
'
8 Judicial District (ADR Report of Disposition)
Case Name: Anne Chmielewski v. James Bindics
Index Number: 804606/2021 RJI Date: 07/12/2022
Assigned Judge: HON. GERALD J. GREENAN II
Name of Neutral
Neutral Email & Phone (Email:
|Telephone:
(Type of Provider Private Neutral on State Cour Roster
Court Staff i
CDRC
Other:
[Date of Referral
INumber of Sessions
[Date of Final Session
[Total Hours (For Roster Neutrals Only)
(Communication used for Sessions Virtual
In Person
Hybrid
IADR. Process Arbitration
Mediation
Neutral Evaluation
Settlement Conference
Other:
Outcome of ADR Process Agreement/Settlement
Partial Agreement
Decision Rendered
Case Screened. Out
Case Withdrawn/Dismissed
No Show }
Parties settled without AN ry intervention
Party Opted out/declined:
[Date Completing. this: Form i
Notes or Next Steps (do not include confidential session infomiation):
t
7
Neutrals please submit this form to Chambers of the Assigned Judge and SIDADR@nycourts.g0v
3-of-3
Document Filed Date
October 11, 2023
Case Filing Date
April 08, 2021
Category
Commercial - Contract
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Preview
; INDEX NO. :804606/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/10/2023 2 Supreme Court of the State of New York County of ERIE ANNE CHMIELEWSKI Plaintiff(s) ORDER OF REFERRAL -Vs- TO ADR | JAMES BINDICS Defendant(s) Index No: 0460672021 i} ; } i It being the policy of the Unified Court System to encourage resolution of civil legal disputes'by Alternative’ Dispute Resolution (ADR) methods at the earliest practicable opportunity; and courts having authority to; refer actions to ADR at any time after case commencement; and due deliberation haying been. had! thereupon, it is hereby ; i ORDERED, that this action is referred for the following ADR process (check one): X Settlement Conferencing with the Martin P. Violante ADR Center (for all civil Gases, except matrimonial matters) Program contact: 8jdadr@nycourts.gov } Mediation with the Martin P. Violante ADR Center (for all civil cases, except. matrimonial imatters) Program contact: idadr@nycourts.gov i Catastrophic Loss Conferencing with the Martin P, Violante ADR Center (for medical snalpebtce, nursing 8 1i home negligence, and cases with significant damages) i Program contact Amy Ziegler aziegler@nycourts.gov | Settlement conferencing with a Settlement Judge, as requested by counsel jointly @2 NYCRR 202.291 202.70) (for any civil cases) and this Court having found that the ADR process sele ted herein wil further the interests of justice and benefit the parties and the court Name of Justice Chambers’ Phone Number: Program contact idadi nycourts. gov Mediation with a Court Roster Neutral selected from the court-approved roster (http://w? nycourts.gow/COURTS/8jd/adr:shtml ) (for all civil cases); Name of selected neutral Neutral’s Phone Number. Program contact 8idadr@nycourts.gov f Neutral Evaluation by a Court Roster Neutral selected from the court-approved roster (http:/Avw2.nycourts.gov/COURTS/8jd/adr.shtm!) (for all civil cases), } Name of selected neutral Neutral’s email.and phone:# Program contact 8jdadr@nycourts.gov c Conference with ADR Coordinator (Child Victim Act and Adult Survivor Act Cases) and it is further Tor 3 INDEX NO. 804606/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/10/2023 date, and ORDERED, that the ADR process shall be commenced within 45 days of this order at a time, place to be determined by the ADR provider; and it is further ORDERED, that for referrals made to a Court Roster Neutral, the Court Roster Neutral shall provide 120 minutes of ADR services for free (60 minutes of which may be spent in preparation time and at least 60 minutes of which must be spent in the first ADR session); If the parties and Court Roster Neutral agree to continue beyond the free 120 minutes, the Court Roster Neutral may charge the fee published in the Roster of Neutrals (provided such fee has been disclosed to the parties in writing and in advance of the first ADR session); All ADR costs shall be shared equally by the parties unless otherwise directed by the Court or as agreed in writing by the parties; and it is further ORDERED, that as related to this referral, the mediators and neutral evaluators shall keep confidential the ADR processes and any oral or written communications related thereto unless all parties consent or there are allegations of child abuse or threats of imminent harm; the parties may not testify about what happened in the mediation or neutral evaluation process, and they may not ask or compel the mediator, neutral evaluator, or other party to give evidence real or testimonial, about what happened in the mediation or neutral evaluation, unless compelled to do so by court order or it is otherwise allowed by law; and it is further ORDERED, that at the conclusion of the ADR process, the ADR provider shall complete the attached report and email it to this Court and 8jdadr@nycourts.gov; and it is further ORDERED, the parties shall appear (in person/virtually) for a status conference with this Court on December 18, 2023 at 2:30P.m, and the parties shall then be prepared to report about the ADR process, including 1) Name of ADR provider, 2) Dates and durations of ADR sessions, 3) Outcome of ADR, including whether settlement was reached, and 4) whether further ADR sessions are scheduled or requested. Dated: October 10, 2023 Buffalo, New York poet J)GREENAN III Case Information: Trial Date: Case Type: Commercial - Contract RJI Date: 07/12/2022 TO: jdadr@nycourts.go' Plaintiff Atty: Olivia T. Paulo-Lee Defense Atty: Michael G. Cooper Address: 1967 Wehrle Dr. Ste 9 Address: 6101 South Park Ave. Williamsville, NY, 14221 Hamburg, NY, 14075 Telephone: 716-634-7400 Telephone: 716-648-5695 Email: OTL@longpaulolee.com Email: coopmgc@aol.com Additional P/D Atty: Additional P/D Atty: Address: Address: Telephone: Telephone: Email: Email: of 3 i INDEX NO. {804606/2021 (FILED: ERIE COUNTY CLERK 10/11/2023 01:26 PM NYSCEF DOC. NO. 10 RECEIVED NYSCEF = i 10/10/2023 ' 8 Judicial District (ADR Report of Disposition) Case Name: Anne Chmielewski v. James Bindics Index Number: 804606/2021 RJI Date: 07/12/2022 Assigned Judge: HON. GERALD J. GREENAN II Name of Neutral Neutral Email & Phone (Email: |Telephone: (Type of Provider Private Neutral on State Cour Roster Court Staff i CDRC Other: [Date of Referral INumber of Sessions [Date of Final Session [Total Hours (For Roster Neutrals Only) (Communication used for Sessions Virtual In Person Hybrid IADR. Process Arbitration Mediation Neutral Evaluation Settlement Conference Other: Outcome of ADR Process Agreement/Settlement Partial Agreement Decision Rendered Case Screened. Out Case Withdrawn/Dismissed No Show } Parties settled without AN ry intervention Party Opted out/declined: [Date Completing. this: Form i Notes or Next Steps (do not include confidential session infomiation): t 7 Neutrals please submit this form to Chambers of the Assigned Judge and SIDADR@nycourts.g0v 3-of-3