On March 25, 2021 a
Letter,Correspondence
was filed
involving a dispute between
Ccrnc,
Crnc Llc Dba Cortland Park Rehabilitation And Nursing Center,
Crown Park Rehabilitation And Nursing Center,
and
Carol Alexander,
Paul Alexander,
for Commercial - Contract
in the District Court of Cortland County.
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FILED: CORTLAND COUNTY CLERK 09/12/2022 03:56 PM INDEX NO. EF21-165
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 09/12/2022
STATE OF NEW YORK
SUPREME COURT CHAMBERS
CORTLAND COUNTY COURTHOUSE
46 oREENDUSH STREET
CORTLAND,NEW YORK 13045-02772
(607)218-3340
FAX (212) 520-6830 .
MARK G. MASLER CRTMaster-Chambers@nycourts.gov MICHAEL P, PORCIELLO, LAW CLERK
JUSTICE SHERYL A. HOLBROOK, SECRETARY
September 12, 2022
Via NYSCEF .
.
Daniel L. Sullivan, Esq. Harvey D. Mervis, Esq.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP . Hinman, Howard & Kattell, LLP
42nd
150 East 80 Exchange Street
New York, New York 10017 Binghamton, NY 13902
Allan C. VanDeMark, Esq.
Williamson, Clune & Stevens LETTER DECISION AND ORDER
317 North Tioga Street, P.O. Box 126
Ithaca, New York 14851
RE: CCRNC, et al. v Carol Alexander and Paul Alexander
Cortland County Index No. EF21-165; RJI No. 2022-0238-M
Dear Counselors:
Before contacting the court about a discovery dispute, counsel are required to consult
with one another in good faith through a conference held either in-person or by telephone. In
the event that motion practice is necessary to resolve the dispute, the affidavit or affirmation of
good faith must set forth the date and time of such conference, the participants, and its duration
. (st_ee Uniform Rules for Trial Cts [22 NYCRR] § 202.20-f). An affinnation stating that good
faith correspondence was sent to counsel via email six months before the motion was made does
not satisfy this requirement.
Accordingly, a return date for plaintiff Crown Park Rehabilitation and Nursing Center's
motion for orders pursuant to CPLR 3042 (d) and CPLR 3126 will not be scheduled until the
informal resolution procedures required under the Uniform Rules for Trial Courts have been
conducted (sses 22 NYCRR § 202.20-f [c]).
The court will resume consideration of the motion upon receipt of a supplemental
affirmation or affidavit showing additional efforts made by the parties to resolve the discovery
defendants'
dispute, or, in the alternative, demonstrating the unreasonable failure or refusal of
counsel to participate in a conference requested by plaintiff Crown Park (see 22 NYCRR §
202.20-f [b]). If no further submissions are received by December 8, 2022, the motion will
be denied, without pre judice.
2022s26s36 EF21-165
09/12/2022 03:56:34 PM
Pages 2
LETTER/CORRESPONDENCE FROM CŒl
Elizabeth Larkin, County Clerk
II
1 of 2
FILED: CORTLAND COUNTY CLERK 09/12/2022 03:56 PM INDEX NO. EF21-165
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 09/12/2022
CCRNC, et al. v Alexander
September 12, 2022 .
Page 2
This decision shall constitute the order of the court.
Dated: September 12, 2022
Cortland, New York
.
ENTER
HON. MARK G. MASLER
Supreme Court Justice
2 of 2
Document Filed Date
September 12, 2022
Case Filing Date
March 25, 2021
Category
Commercial - Contract
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FILED: CORTLAND COUNTY CLERK 09/12/2022 03:56 PM INDEX NO. EF21-165 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 09/12/2022 STATE OF NEW YORK SUPREME COURT CHAMBERS CORTLAND COUNTY COURTHOUSE 46 oREENDUSH STREET CORTLAND,NEW YORK 13045-02772 (607)218-3340 FAX (212) 520-6830 . MARK G. MASLER CRTMaster-Chambers@nycourts.gov MICHAEL P, PORCIELLO, LAW CLERK JUSTICE SHERYL A. HOLBROOK, SECRETARY September 12, 2022 Via NYSCEF . . Daniel L. Sullivan, Esq. Harvey D. Mervis, Esq. Wilson, Elser, Moskowitz, Edelman & Dicker LLP . Hinman, Howard & Kattell, LLP 42nd 150 East 80 Exchange Street New York, New York 10017 Binghamton, NY 13902 Allan C. VanDeMark, Esq. Williamson, Clune & Stevens LETTER DECISION AND ORDER 317 North Tioga Street, P.O. Box 126 Ithaca, New York 14851 RE: CCRNC, et al. v Carol Alexander and Paul Alexander Cortland County Index No. EF21-165; RJI No. 2022-0238-M Dear Counselors: Before contacting the court about a discovery dispute, counsel are required to consult with one another in good faith through a conference held either in-person or by telephone. In the event that motion practice is necessary to resolve the dispute, the affidavit or affirmation of good faith must set forth the date and time of such conference, the participants, and its duration . (st_ee Uniform Rules for Trial Cts [22 NYCRR] § 202.20-f). An affinnation stating that good faith correspondence was sent to counsel via email six months before the motion was made does not satisfy this requirement. Accordingly, a return date for plaintiff Crown Park Rehabilitation and Nursing Center's motion for orders pursuant to CPLR 3042 (d) and CPLR 3126 will not be scheduled until the informal resolution procedures required under the Uniform Rules for Trial Courts have been conducted (sses 22 NYCRR § 202.20-f [c]). The court will resume consideration of the motion upon receipt of a supplemental affirmation or affidavit showing additional efforts made by the parties to resolve the discovery defendants' dispute, or, in the alternative, demonstrating the unreasonable failure or refusal of counsel to participate in a conference requested by plaintiff Crown Park (see 22 NYCRR § 202.20-f [b]). If no further submissions are received by December 8, 2022, the motion will be denied, without pre judice. 2022s26s36 EF21-165 09/12/2022 03:56:34 PM Pages 2 LETTER/CORRESPONDENCE FROM CŒl Elizabeth Larkin, County Clerk II 1 of 2 FILED: CORTLAND COUNTY CLERK 09/12/2022 03:56 PM INDEX NO. EF21-165 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 09/12/2022 CCRNC, et al. v Alexander September 12, 2022 . Page 2 This decision shall constitute the order of the court. Dated: September 12, 2022 Cortland, New York . ENTER HON. MARK G. MASLER Supreme Court Justice 2 of 2