LETTER / CORRESPONDENCE TO JUDGE

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                          BLOCH & WHITE LLP



                                                      October 31, 2023
Via NYSCEF
Justice Dakota D. Ramseur
Supreme Court of the State of New York
60 Centre Street, Room 341
New York, NY 10007

         Re:      Pasterino v. P.volve LLC et al., Index No. 153563/2023

Dear Justice Ramseur:
      We write on behalf of Plaintiff Stephen Pasterino to highlight recent supplemental First
Department authority relevant to Defendants’ motion to dismiss, which is sub judice.
        As the Court is aware, the parties disagreed sharply as to the appropriate standard the Court
should apply to Defendants’ motion to dismiss, brought pursuant to New York’s anti-SLAPP law.
Defendants argued that, even at the pleading stage, “to avoid dismissal as a matter of law, the anti-
SLAPP statutes place the burden on Plaintiff to show by clear and convincing evidence that there
is a ‘substantial basis in fact and law’ for his claims.” Doc. No. 8 at 2 (emphases in original). By
contrast, Mr…