On July 28, 2023 a
Letter,Correspondence
was filed
involving a dispute between
Stevmar Roofing & Sheet Metal, Inc.,
and
Bank Of America, N.A.,
Edward Babcock,
Jane Doe
Being Fictitious And Intended To Be Persons, Tenants, Occupants Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises Described In The Complaint,
John Doe,
Katharine Attwell,
Mortgage Electronic Registration Systems, Inc.,
for Real Property - Other (foreclose mechanic's lien)
in the District Court of Warren County.
Preview
FILED: WARREN COUNTY CLERK 01/02/2024 03:18 PM INDEX NO. EF2023-71619
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024
STATE OF NEW YORK
SUPREME COURT CILAMBERS
WARREN COUNTY MUNICIPAL CENTER
I 1340 STATE ROUTE 9
{ LAKE GEORGE, NY 12845
JENNIFER P, ]ERAM
(518) 480-6346 Principal Law Olerk
ChambersRM uller@hycourts.gov
ROBE,RT J. MUI-I-F-R EIAINEA. MADISON
JUSTICIl January 2.2024 Secretary to Justice
Kevin Laurilliard, Esq
(Via NYSCEF)
Ryan Pezzulo, Esq.
(Via NYSCEF)
Robert Link, Esq
(Via NYSCEF)
RL, Stevmar Roofing & Sheet Metal, Inc. v Edward Babcock, Katharine Anwell, Bank of
America, N.A., Mortgage Electronic Registration Systems, Inc. et al.
Index No. EF2023-71619; RJI No. 56-l-2023-0526
Dear Counselors:
Please be advised that a Preliminary Conference has been scheduled for January 30,
2024 at 10:00 a.m. before the Hon. Robert J. Muller. The conference will be held virtually
using Microsoft Teams. The Court will send an invitation relative to the appearance.
*:I* IMPORTANT NOTICE - ALTERNATIVE DISPLITE RESOLUTION ***
All civil cases filed in the New York courts are presumptivety etigible for
Altemate Dispute Resolution (ADR). an early intervention tool designed to
provide quicker, Iess expensive and potentially better altematives to litigation,
without impairing the quality ofjustice or the right to trial. The Fou(h Judicial
District's ADR Program Rules are available online at
hnp://ww2.nycou(s.gov/sites/default/files/document/liles/201 9- 12lADR-Rules.pdl.
ADR presumptively applies to this case,
In this County, the following ADR options are available:
I Compulsory Arbitration
2 Mediation with a Neutral from the Court's Rosterr
3 Mediation with a privately retained neutral (upon approval by the Court)
4 Neutral Evaluation by a Neutral from the Court's Roster
5 Summary Jury Trial
I A copy
of lhis Roster is available upon request.
1 of 3
FILED: WARREN COUNTY CLERK 01/02/2024 03:18 PM INDEX NO. EF2023-71619
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024
Hon. Robe( J. Muller
January 2,2024
Page 2 of3
Discovery will not be stayed while the parties pursue ADR and the case will
simultaneously proceed on its normal litigation track, alongside its ADR track.
Counsel are hereby directed to contbr prior to the Preliminary Conlbrence date with the
goal of
I . Agreeing on one or more of the ADR options listed above;
) developing a proposed ADR timetable, with the first ADR session occurring 12-
l6 weeks after the preliminary conference; and
) establishing a discovery schedule, including an expedited discovery schedule to
aid in ADR.
Ifthe parties are able to agree on an ADR plan and discovery schedule (including
expedited discovery), and a proposed ADR Order and signed Preliminary Conf'erence Stipulation
and Order are submitted to the Cou( at least 48 hours prior to the Preliminary Conference
date (excluding weekends and holidays), then the Preliminary Conference will be removed
from the calendar.
The ADR Order and Preliminary Conference Stipulation and Order are available online at
http ://ww2.nycourts. gov/courts/4jdlmotion-terms-rules. shtml.
Ifthe parties are unable to agree - or ifa party does not wish to participate in ADR - then
appearances at the preliminary conierence will be necessary.
At least 48 hours prior to the scheduled date ofthe preliminary conference
(excluding weekends and holidays), the Court requires:
I all counsel to submit a proposed ADR plan or, altematively, a statement as
to why the case should be exempt from ADR;
2 counsel for plaintiff to submit a copy of the summons and complaint and
any verified bill of particulars, together with a brief(no longer than 2
pages) summary outlining the case and any issues to be discussed at the
conference: and
2 of 3
FILED: WARREN COUNTY CLERK 01/02/2024 03:18 PM INDEX NO. EF2023-71619
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024
Hon. Robe( J. Muller
January 2,2024
Page 3 ol3
-1 counsel for defendant to submit a copy ofthe answer and any verified bill
of particulars provided as the result of a counterclaim, together with a
brief(no longer than 2 pages) summary outlining the case and any issues
to be discussed at the conference.
I can be reached directly at (518) 480-6346 or by e-mail at ChambersRMuller@nycourts.gov.
Very truly yours,
l./turu /) \/l
O & /a,ht,;x--
ELAINE A. MADISON
Secretarv to Justice
3 of 3
Document Filed Date
January 02, 2024
Case Filing Date
July 28, 2023
Category
Real Property - Other (foreclose mechanic's lien)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: WARREN COUNTY CLERK 01/02/2024 03:18 PM INDEX NO. EF2023-71619 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024 STATE OF NEW YORK SUPREME COURT CILAMBERS WARREN COUNTY MUNICIPAL CENTER I 1340 STATE ROUTE 9 { LAKE GEORGE, NY 12845 JENNIFER P, ]ERAM (518) 480-6346 Principal Law Olerk ChambersRM uller@hycourts.gov ROBE,RT J. MUI-I-F-R EIAINEA. MADISON JUSTICIl January 2.2024 Secretary to Justice Kevin Laurilliard, Esq (Via NYSCEF) Ryan Pezzulo, Esq. (Via NYSCEF) Robert Link, Esq (Via NYSCEF) RL, Stevmar Roofing & Sheet Metal, Inc. v Edward Babcock, Katharine Anwell, Bank of America, N.A., Mortgage Electronic Registration Systems, Inc. et al. Index No. EF2023-71619; RJI No. 56-l-2023-0526 Dear Counselors: Please be advised that a Preliminary Conference has been scheduled for January 30, 2024 at 10:00 a.m. before the Hon. Robert J. Muller. The conference will be held virtually using Microsoft Teams. The Court will send an invitation relative to the appearance. *:I* IMPORTANT NOTICE - ALTERNATIVE DISPLITE RESOLUTION *** All civil cases filed in the New York courts are presumptivety etigible for Altemate Dispute Resolution (ADR). an early intervention tool designed to provide quicker, Iess expensive and potentially better altematives to litigation, without impairing the quality ofjustice or the right to trial. The Fou(h Judicial District's ADR Program Rules are available online at hnp://ww2.nycou(s.gov/sites/default/files/document/liles/201 9- 12lADR-Rules.pdl. ADR presumptively applies to this case, In this County, the following ADR options are available: I Compulsory Arbitration 2 Mediation with a Neutral from the Court's Rosterr 3 Mediation with a privately retained neutral (upon approval by the Court) 4 Neutral Evaluation by a Neutral from the Court's Roster 5 Summary Jury Trial I A copy of lhis Roster is available upon request. 1 of 3 FILED: WARREN COUNTY CLERK 01/02/2024 03:18 PM INDEX NO. EF2023-71619 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024 Hon. Robe( J. Muller January 2,2024 Page 2 of3 Discovery will not be stayed while the parties pursue ADR and the case will simultaneously proceed on its normal litigation track, alongside its ADR track. Counsel are hereby directed to contbr prior to the Preliminary Conlbrence date with the goal of I . Agreeing on one or more of the ADR options listed above; ) developing a proposed ADR timetable, with the first ADR session occurring 12- l6 weeks after the preliminary conference; and ) establishing a discovery schedule, including an expedited discovery schedule to aid in ADR. Ifthe parties are able to agree on an ADR plan and discovery schedule (including expedited discovery), and a proposed ADR Order and signed Preliminary Conf'erence Stipulation and Order are submitted to the Cou( at least 48 hours prior to the Preliminary Conference date (excluding weekends and holidays), then the Preliminary Conference will be removed from the calendar. The ADR Order and Preliminary Conference Stipulation and Order are available online at http ://ww2.nycourts. gov/courts/4jdlmotion-terms-rules. shtml. Ifthe parties are unable to agree - or ifa party does not wish to participate in ADR - then appearances at the preliminary conierence will be necessary. At least 48 hours prior to the scheduled date ofthe preliminary conference (excluding weekends and holidays), the Court requires: I all counsel to submit a proposed ADR plan or, altematively, a statement as to why the case should be exempt from ADR; 2 counsel for plaintiff to submit a copy of the summons and complaint and any verified bill of particulars, together with a brief(no longer than 2 pages) summary outlining the case and any issues to be discussed at the conference: and 2 of 3 FILED: WARREN COUNTY CLERK 01/02/2024 03:18 PM INDEX NO. EF2023-71619 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024 Hon. Robe( J. Muller January 2,2024 Page 3 ol3 -1 counsel for defendant to submit a copy ofthe answer and any verified bill of particulars provided as the result of a counterclaim, together with a brief(no longer than 2 pages) summary outlining the case and any issues to be discussed at the conference. I can be reached directly at (518) 480-6346 or by e-mail at ChambersRMuller@nycourts.gov. Very truly yours, l./turu /) \/l O & /a,ht,;x-- ELAINE A. MADISON Secretarv to Justice 3 of 3