Preview
FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM INDEX NO. 603046/2023
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024
EXHIBIT A
FILED: NASSAUUSPSTRACKING# INDEX
COUNTY CLERK 01/02/2024 03:44 PM NO. 603046/2023
NYSCEF DOC. NO. 42 First-Class
RECEIVED Mail
NYSCEF: 01/02/2024
Postage & Fees Paid
Permit No. G-10
95'I0 9402 5844 0038 0174 37
111t " Sender Please printyour ZIP+4® in this box"
Stat name, address, and
M. Cabrera & Associates, PC
2002 Rt17M Unit12
Goshen, NY10924
INDEX
FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM NO. 603046/2023
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024
Complete items 1, 2, and 3. A. Signature
Print your name and address on the reverse O Agent
so that we can return the card to you. O Addressee
Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 17 O Yes
Q$) If YES, enter delivery address below: O No
3. Service Type O PriorityMailExpress®
O AdultSignature O RegisteredMailm
O AdultSignatureRestrictedDelivery O RegisteredMailRestricted
O certifiedMall® Delivery
9590 9402 5844 0038 0174 37 O certifiedMallRestrictedDelivery O ReturnReceiptfor
O collecton Delivery Merchandise
2. Article Number (Transferfrom service label) O llec on DeliveryRestrictedDelivery O ure ina on"
[nsun MyiRestrictedDelivery RestrictedDelivery
7015 0640 0005 8480 1812
PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
INDEX NO. 603046/2023
FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024
I cO cO
cO cO CertifiedMailFee
g ExtraServices& Fees(check box,addfeeasappropnate)
ReturnReceipt(hadcopy) $
ReturnReceipt(electronic) $ Postmark
Certified
MallRestricted
Delivery$ Here
AdultSignature
Required $
3 ¡ AdultSignature
Restricted $
Delivery
Postage
'gg Zro
TotalPostageand Fees
SentTo
ind
$1Yeel t o.,as.POBoxNo
City,State,ZIP+
INDEX
FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PMNO. 603046/2023
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024
Complete items 1, 2, and 3. A. Signature
n Print your name and address on the reverse O Agent
so that we can return the card to you. O Addressee
Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 17 O Yes
If YES, enter delivery address below: O No
B%8ol Nest acca ar
Othe tasq ,06 -7M031
3. Service Type O PriorityMailExpress®
O AdultSignature O RegisteredMail"
O AdultSignatureRestrictedDelivery O RegisteredMailRestricted
O CertifiedMail® Delivery
9590 9402 5844 0038 0174 44 o certifiedMailRestrictedDelivery O ReturnReceiptfor
O Collecton Delivery Merchandise
O Col on DeliveryRestrictedDelivery O S na re rn on"
2. Article Number (Transferfrom service label)
M il RestrictedDelivery RestrictedDelivery
7015 0640 0005 8480 1805
PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
FILED: NASSAUUSPSCOUNTY INDEX NO.
TRACKING# CLERK 01/02/2024 03:44 PM
603046/2023
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024
ostage Fe Paid
Pe t No. G-10
9590 9402 5844 0038 0174 44
' Sender Please print yourname, ZIP+4® in this box'
nit Stat address, and
M. Cabrera & Associates, PC
2002Rt17MUnit12
Goshen, NY 10924
2Dbbso Co
g
INDEX NO. 603046/2023
FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024
o cc 0 CertifiedMailFee
cc 0 ExtraServices& Fees(checkbox,addfeeasappropriate)
Retum Receipt
(hardcopy) $
ReturnReceipt
(electronic) $ Postmark
MallRestricted
Cedified DeNvery$ Here
Required
AdultSignature $
AdultSignature
Restricted $
Delivery
a I C Postage 2 /
I
TotalPostageand Fees
O Street BoxNo
---- --- ----- ---- ---- ----------------------
Che (Gto CA 74D3
FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM INDEX NO. 603046/2023
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024
M. Cabrera & Associates, PC
Attorneys At Law
A New Jersey Professional Corporation
Mailing Address: Tel: (845) 531-5474 Physical Address:
2002 Route 17M Unit 12 Fax: (845) 230-6645 2002 Route 17M Unit 12
Goshen, NY 10924 info@mcablaw.com Rear Entrance - Lower Level
Goshen, NY 10924
Matthew M. Cabrera + Managing Attorney + Member NJ Bar
Joseph Reilly * + Supervising New York Attorney * Member NY Bar
William Y. Fowlkes * +
December 26, 2023
Via Regular Mail, Certified mail return receipt requested and Email
William Robinson &
Utility Management & Construction LLC
2255 South Troost Avenue
Tulsa, OK, 74114
cc: William Robinson &
Utility Management & Construction LLC
396301 West 3000 Road
Ochelata, OK, 74051
Re: The Avanza Group, LLC v. Utility Management & Construction, LLC, et al.
Nassau Supreme Court
Index No.: 603046/2023
Dear Mr. Robinson,
As you are aware, on June 14, 2023 this law firm filed an Order to Show Cause seeking to withdraw as
attorneys of record for you and your company in the above-referenced matter. Please be advised that this firm’s
motion to withdraw has been granted by Order of the Hon. Danielle M. Peterson, J.S.C, dated December 15, 2023.
A copy of the aforementioned order is attached to this letter. Please note page 2 of the Order- you or your
new attorney is directed to appear in Court on February 27, 2024 at 10:00 a.m. Please be guided accordingly.
Very truly yours,
/s/ William Y. Fowlkes
William Y. Fowlkes, Esq.
FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM INDEX
INDEX NO.
NO. 603046/2023
6030 4 6/2023
NYSCEF
NYSCEF DOC. NO.
DOC. NO. 42
39 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/02/2024
12/21/2023
SHORT FORM ORDER
SUPREME COURT - STATE OF NEW YORK
PRESENT; Honorable Danielle M. Peterson
Justice of the Supreme Court
----------------------------------------------------------------X TRIAL/IAS, PART 24
THE AVANZA GROUP, LLC, NAS5AU COUNTY
Plaintiff,
-against-
Index No.: 603046/2023
UTILITY MANAGEMENT & CONSRUCTION, LLC Motion Seq. No.; 001
D/B/A UTILITY MANAGEMENT & CONSTRUCTION, Motion Submitted: 8/24/23
LLC and WILLIAM C. ROBINSON,
Defendants.
___________________________..________Ç
The following papers read on this motion:
Order to Show Cause/Affirmation in Support/
Good Faith Affirmation/Supporting Exhibits.............................................................1
Firm"
M. Cabrera & Associates, P.C. ("the or "Counsel"), counsel for Defendants, Utility
Management & Consruction, LLC d/b/a Utility Management & Construction, LLC ("Company
Defendant") and William C. Robinson ("Robinson") (collectively "Defendants"), move this Court,
pursuant to CPLR 321[b][2] and Disciplinary Rule 2-110[C][1][d], for an order to be relieved as
counsel and to withdraw as attorney of record. There is no opposition.
Defendants'
In his moving papers, counsel, William Y. Fowlkes, Esq., afffrms that the Firm
was retained by Defendants in February 2023 for purposes of defending them in the above captioned
lawsuit. Pursuant to the retainer agreement, the Defendants agreed to pay a flat fee to defend the
lawsuitin three monthly installments. Counsel avers that pursuant to the aforementioned agreement,
Defendants still owe a remaining balance of $3,730.00, which they have refused to pay. According
to Counsel's affirmation, the last cornmunication Defendants, or their agents, had with the Firm was
on May 22, 2023, when the Firm's assistant spoke with Robinson by telephone. Counsel further
asserts that "the attorney-client relationship has deteriorated to the point where Counsel is unable
."
to continue to represent Defendants in the defense of the above-referenced action . . .
"It is well-settled that in civil cases an attorney will be permitted to withdraw where a client
fees"
refuses to pay his other reasonable (Stephen Eldridge Really Corp. v. Green, 174 AD2d 564,
FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM INDEX
INDEX NO.
NO. 603046/2023
603046/2023
NYSCEF
NYSCEF DOC.
DOC. NO. 42
NO. 39 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/02/2024
12/21/2023
565-566 [2d Dept Holmes v. Y.J.A. Realty Corp., 128 AD2d 482, 483; DR
1991]) citing
2-110[C][1][fj). Rule 2-110[C][1][d] of the Code of Professional Responsibility states
Disciplinary
that an attorney's withdrawal from employment is permissible where a client "renders it
effectively,"
unreasonably difficult forthe lawyer to carry out his employment and Disciplinary Rule
2-110[C][1][f] provides for similar relief where a client "[d]eliberately disregards an agreement or
fees."
obligations to the lawyer as to expenses or Likewise, Rule 1.16[c][5] of theNew York Rules
of Professional Conduct permits an attorney to withdraw from representation when "the client
fees."
deliberately disregards an agreement or obligation to the lawyer as to expenses or Indeed,
"[w]here a client repudiates a reasonable fee arrangement there is no obligation on the part of
services"
counsel to finance the litigation or render gratuitous (Holmesv. Y.J.A. Realty Corp., 128
AD2d 482, 483 [1st Dept 1987]). Withdrawal of counsel is also justifiable where there is adequate
evidence showing a breakdown in the attorney-client relationship (Tuckerv.Schwartzapfel Lawyers,
P.C., 196 AD3d 527 [2d Dept 2021]; Robinson v. Friedman Mgt. Corp., 49 AD3d 436 [1st Dept
2008]). "The decision to grant or deny permissionfor counsel to withdraw lies within the discretion
court"
of the trial (Cashdan v. Cashdan, 243 AD2d 598, 598 [2d Dept 1997]).
Here, Counsel has demonstrated that there is good and sufficient cause for this Court to grant
the application.
Accordingly, it is hereby
Defendants'
ORDERED, that Counsel's application to be relieved is GRANTED without
opposition and Counsel is relieved in these proceedings provided that a copy of this decision and
order is hereby served upon the Defendants, as well as upon all of attorneys of record, in same
manner provided in original Order to Show Cause within ten (10) days of the date of this decision
with proof of service filed with this court within twenty (20) days of the date of this decision; and
it is further
ORDERED, that this matter shall be stayed for 60 days, and all parties or their counsel are
directed to appear in this part on Feha 2024 at 10:00 a.m. for a preliminary conference.
Failure to appear on the foregoing date may be considered an abandonment of the action or defense
of the action.
This constitutes the Decision and Order of the Court.
Dated , 2023
Hon. Danielle M. Peterson J. S. C.
2
Preview
FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM INDEX NO. 603046/2023 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024 EXHIBIT A FILED: NASSAUUSPSTRACKING# INDEX COUNTY CLERK 01/02/2024 03:44 PM NO. 603046/2023 NYSCEF DOC. NO. 42 First-Class RECEIVED Mail NYSCEF: 01/02/2024 Postage & Fees Paid Permit No. G-10 95'I0 9402 5844 0038 0174 37 111t " Sender Please printyour ZIP+4® in this box" Stat name, address, and M. Cabrera & Associates, PC 2002 Rt17M Unit12 Goshen, NY10924 INDEX FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM NO. 603046/2023 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024 Complete items 1, 2, and 3. A. Signature Print your name and address on the reverse O Agent so that we can return the card to you. O Addressee Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 O Yes Q$) If YES, enter delivery address below: O No 3. Service Type O PriorityMailExpress® O AdultSignature O RegisteredMailm O AdultSignatureRestrictedDelivery O RegisteredMailRestricted O certifiedMall® Delivery 9590 9402 5844 0038 0174 37 O certifiedMallRestrictedDelivery O ReturnReceiptfor O collecton Delivery Merchandise 2. Article Number (Transferfrom service label) O llec on DeliveryRestrictedDelivery O ure ina on" [nsun MyiRestrictedDelivery RestrictedDelivery 7015 0640 0005 8480 1812 PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt INDEX NO. 603046/2023 FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024 I cO cO cO cO CertifiedMailFee g ExtraServices& Fees(check box,addfeeasappropnate) ReturnReceipt(hadcopy) $ ReturnReceipt(electronic) $ Postmark Certified MallRestricted Delivery$ Here AdultSignature Required $ 3 ¡ AdultSignature Restricted $ Delivery Postage 'gg Zro TotalPostageand Fees SentTo ind $1Yeel t o.,as.POBoxNo City,State,ZIP+ INDEX FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PMNO. 603046/2023 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024 Complete items 1, 2, and 3. A. Signature n Print your name and address on the reverse O Agent so that we can return the card to you. O Addressee Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 O Yes If YES, enter delivery address below: O No B%8ol Nest acca ar Othe tasq ,06 -7M031 3. Service Type O PriorityMailExpress® O AdultSignature O RegisteredMail" O AdultSignatureRestrictedDelivery O RegisteredMailRestricted O CertifiedMail® Delivery 9590 9402 5844 0038 0174 44 o certifiedMailRestrictedDelivery O ReturnReceiptfor O Collecton Delivery Merchandise O Col on DeliveryRestrictedDelivery O S na re rn on" 2. Article Number (Transferfrom service label) M il RestrictedDelivery RestrictedDelivery 7015 0640 0005 8480 1805 PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt FILED: NASSAUUSPSCOUNTY INDEX NO. TRACKING# CLERK 01/02/2024 03:44 PM 603046/2023 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024 ostage Fe Paid Pe t No. G-10 9590 9402 5844 0038 0174 44 ' Sender Please print yourname, ZIP+4® in this box' nit Stat address, and M. Cabrera & Associates, PC 2002Rt17MUnit12 Goshen, NY 10924 2Dbbso Co g INDEX NO. 603046/2023 FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024 o cc 0 CertifiedMailFee cc 0 ExtraServices& Fees(checkbox,addfeeasappropriate) Retum Receipt (hardcopy) $ ReturnReceipt (electronic) $ Postmark MallRestricted Cedified DeNvery$ Here Required AdultSignature $ AdultSignature Restricted $ Delivery a I C Postage 2 / I TotalPostageand Fees O Street BoxNo ---- --- ----- ---- ---- ---------------------- Che (Gto CA 74D3 FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM INDEX NO. 603046/2023 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/02/2024 M. Cabrera & Associates, PC Attorneys At Law A New Jersey Professional Corporation Mailing Address: Tel: (845) 531-5474 Physical Address: 2002 Route 17M Unit 12 Fax: (845) 230-6645 2002 Route 17M Unit 12 Goshen, NY 10924 info@mcablaw.com Rear Entrance - Lower Level Goshen, NY 10924 Matthew M. Cabrera + Managing Attorney + Member NJ Bar Joseph Reilly * + Supervising New York Attorney * Member NY Bar William Y. Fowlkes * + December 26, 2023 Via Regular Mail, Certified mail return receipt requested and Email William Robinson & Utility Management & Construction LLC 2255 South Troost Avenue Tulsa, OK, 74114 cc: William Robinson & Utility Management & Construction LLC 396301 West 3000 Road Ochelata, OK, 74051 Re: The Avanza Group, LLC v. Utility Management & Construction, LLC, et al. Nassau Supreme Court Index No.: 603046/2023 Dear Mr. Robinson, As you are aware, on June 14, 2023 this law firm filed an Order to Show Cause seeking to withdraw as attorneys of record for you and your company in the above-referenced matter. Please be advised that this firm’s motion to withdraw has been granted by Order of the Hon. Danielle M. Peterson, J.S.C, dated December 15, 2023. A copy of the aforementioned order is attached to this letter. Please note page 2 of the Order- you or your new attorney is directed to appear in Court on February 27, 2024 at 10:00 a.m. Please be guided accordingly. Very truly yours, /s/ William Y. Fowlkes William Y. Fowlkes, Esq. FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM INDEX INDEX NO. NO. 603046/2023 6030 4 6/2023 NYSCEF NYSCEF DOC. NO. DOC. NO. 42 39 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/02/2024 12/21/2023 SHORT FORM ORDER SUPREME COURT - STATE OF NEW YORK PRESENT; Honorable Danielle M. Peterson Justice of the Supreme Court ----------------------------------------------------------------X TRIAL/IAS, PART 24 THE AVANZA GROUP, LLC, NAS5AU COUNTY Plaintiff, -against- Index No.: 603046/2023 UTILITY MANAGEMENT & CONSRUCTION, LLC Motion Seq. No.; 001 D/B/A UTILITY MANAGEMENT & CONSTRUCTION, Motion Submitted: 8/24/23 LLC and WILLIAM C. ROBINSON, Defendants. ___________________________..________Ç The following papers read on this motion: Order to Show Cause/Affirmation in Support/ Good Faith Affirmation/Supporting Exhibits.............................................................1 Firm" M. Cabrera & Associates, P.C. ("the or "Counsel"), counsel for Defendants, Utility Management & Consruction, LLC d/b/a Utility Management & Construction, LLC ("Company Defendant") and William C. Robinson ("Robinson") (collectively "Defendants"), move this Court, pursuant to CPLR 321[b][2] and Disciplinary Rule 2-110[C][1][d], for an order to be relieved as counsel and to withdraw as attorney of record. There is no opposition. Defendants' In his moving papers, counsel, William Y. Fowlkes, Esq., afffrms that the Firm was retained by Defendants in February 2023 for purposes of defending them in the above captioned lawsuit. Pursuant to the retainer agreement, the Defendants agreed to pay a flat fee to defend the lawsuitin three monthly installments. Counsel avers that pursuant to the aforementioned agreement, Defendants still owe a remaining balance of $3,730.00, which they have refused to pay. According to Counsel's affirmation, the last cornmunication Defendants, or their agents, had with the Firm was on May 22, 2023, when the Firm's assistant spoke with Robinson by telephone. Counsel further asserts that "the attorney-client relationship has deteriorated to the point where Counsel is unable ." to continue to represent Defendants in the defense of the above-referenced action . . . "It is well-settled that in civil cases an attorney will be permitted to withdraw where a client fees" refuses to pay his other reasonable (Stephen Eldridge Really Corp. v. Green, 174 AD2d 564, FILED: NASSAU COUNTY CLERK 01/02/2024 03:44 PM INDEX INDEX NO. NO. 603046/2023 603046/2023 NYSCEF NYSCEF DOC. DOC. NO. 42 NO. 39 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/02/2024 12/21/2023 565-566 [2d Dept Holmes v. Y.J.A. Realty Corp., 128 AD2d 482, 483; DR 1991]) citing 2-110[C][1][fj). Rule 2-110[C][1][d] of the Code of Professional Responsibility states Disciplinary that an attorney's withdrawal from employment is permissible where a client "renders it effectively," unreasonably difficult forthe lawyer to carry out his employment and Disciplinary Rule 2-110[C][1][f] provides for similar relief where a client "[d]eliberately disregards an agreement or fees." obligations to the lawyer as to expenses or Likewise, Rule 1.16[c][5] of theNew York Rules of Professional Conduct permits an attorney to withdraw from representation when "the client fees." deliberately disregards an agreement or obligation to the lawyer as to expenses or Indeed, "[w]here a client repudiates a reasonable fee arrangement there is no obligation on the part of services" counsel to finance the litigation or render gratuitous (Holmesv. Y.J.A. Realty Corp., 128 AD2d 482, 483 [1st Dept 1987]). Withdrawal of counsel is also justifiable where there is adequate evidence showing a breakdown in the attorney-client relationship (Tuckerv.Schwartzapfel Lawyers, P.C., 196 AD3d 527 [2d Dept 2021]; Robinson v. Friedman Mgt. Corp., 49 AD3d 436 [1st Dept 2008]). "The decision to grant or deny permissionfor counsel to withdraw lies within the discretion court" of the trial (Cashdan v. Cashdan, 243 AD2d 598, 598 [2d Dept 1997]). Here, Counsel has demonstrated that there is good and sufficient cause for this Court to grant the application. Accordingly, it is hereby Defendants' ORDERED, that Counsel's application to be relieved is GRANTED without opposition and Counsel is relieved in these proceedings provided that a copy of this decision and order is hereby served upon the Defendants, as well as upon all of attorneys of record, in same manner provided in original Order to Show Cause within ten (10) days of the date of this decision with proof of service filed with this court within twenty (20) days of the date of this decision; and it is further ORDERED, that this matter shall be stayed for 60 days, and all parties or their counsel are directed to appear in this part on Feha 2024 at 10:00 a.m. for a preliminary conference. Failure to appear on the foregoing date may be considered an abandonment of the action or defense of the action. This constitutes the Decision and Order of the Court. Dated , 2023 Hon. Danielle M. Peterson J. S. C. 2