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FILED: QUEENS COUNTY CLERK 10/06/2023 03:34 PM INDEX NO. 718810/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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PATRICK NURSE,
Index No. 718810/2023
Plaintiff,
-against- AFFIRMATION OF
SHANENE M.
NEW YORK CITY TRANSIT AUTHORITY and FREDERICK
JOSEPH RIGGI,
Defendants.
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SHANENE M. FREDERICK, an attorney duly admitted to practice before the Courts of
the State of New York, pursuant to CPLR § 2106, hereby affirms under penalty of perjury as
follows:
1. I am an attorney with the law firm of Hoguet Newman Regal & Kenney, LLP,
attorneys for Defendants New York City Transit Authority and Joseph Riggi (collectively,
“Defendants”) in this action. I submit this affirmation in support of Defendants’ motion to extend
the time to answer, move, or otherwise respond to the Complaint to November 6, 2023.
2. I am fully familiar with the facts and circumstances as described herein.
3. Plaintiff Patrick Nurse filed the Summons and Complaint in this action on
September 12, 2023. A true and correct copy of the Summons and Complaint is annexed hereto
as Exhibit A.
4. Defendants were served with the Summons and Complaint on September 17, 2023
by personal delivery. As a result, Defendants’ time to answer, move, or otherwise respond to the
Complaint currently expires on October 9, 2023.
5. The Complaint alleges that Plaintiff was wrongfully terminated from his
employment with the New York City Transit Authority.
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FILED: QUEENS COUNTY CLERK 10/06/2023 03:34 PM INDEX NO. 718810/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/06/2023
6. On October 5, 2023, Hoguet Newman Regal & Kenney, LLP was retained to
represent Defendants in this case.
7. On that same date, I contacted Plaintiff by phone to inquire about entering into a
stipulation to extend Defendants’ time to answer, move, or otherwise respond to the Complaint by
thirty (30) days. The phone call was disconnected before Plaintiff could consent to or reject the
extension request.
8. Thereafter, also on October 5, I contacted Plaintiff by phone to follow up on my
extension request. Plaintiff did not answer the phone.
9. By email dated October 5, 2023, I again asked for Plaintiff’s consent to the
extension request. A true and correct copy of this email is annexed hereto as Exhibit B.
10. To date, I have not received a response from Plaintiff regarding the extension
request. Therefore, Defendants request an extension of time from the Court.
11. Pursuant to CPLR § 3012(d), the Court has discretion to extend the time to answer,
move, or otherwise respond to a complaint “upon such terms as may be just and upon a showing
of reasonable excuse for delay or default.”
12. Further, CPLR § 2004 provides that “[e]xcept where otherwise expressly
prescribed by law, the court may extend the time fixed by any statute, rule or order for doing any
act, upon such terms as may be just and upon good cause shown, whether the application for
extension is made before or after the expiration of the time fixed.”
13. Because counsel was retained to represent Defendants in this matter on October 5,
2023, more time is required to conduct a thorough investigation into Plaintiff’s allegations and to
draft a response. In the early stages of this litigation, Plaintiff will not be prejudiced by a brief
extension of time.
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14. Further, a prior application has not been made in any court for the relief requested
herein. This case is not one for summary judgment in lieu of a complaint.
15. For the foregoing reasons, Defendants respectfully request that this Court extend
the time to answer, move, or otherwise respond to the Complaint in this action to November 6,
2023, along with such other relief as the Court deems just and proper.
Dated: New York, New York
October 6, 2023
HOGUET NEWMAN REGAL &
KENNEY, LLP
/s/ Shanene M. Frederick
____________________________
Shanene M. Frederick
One Grand Central Place
60 East 42nd Street, 48th Floor
New York, NY 10165
Telephone: (212) 689-8808
Facsimile: (212) 689-5101
Attorneys for Defendants
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FILED: QUEENS COUNTY CLERK 10/06/2023 03:34 PM INDEX NO. 718810/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------------------x PATRICK NURSE, Index No. 718810/2023 Plaintiff, -against- AFFIRMATION OF SHANENE M. NEW YORK CITY TRANSIT AUTHORITY and FREDERICK JOSEPH RIGGI, Defendants. -----------------------------------------------------------------------x SHANENE M. FREDERICK, an attorney duly admitted to practice before the Courts of the State of New York, pursuant to CPLR § 2106, hereby affirms under penalty of perjury as follows: 1. I am an attorney with the law firm of Hoguet Newman Regal & Kenney, LLP, attorneys for Defendants New York City Transit Authority and Joseph Riggi (collectively, “Defendants”) in this action. I submit this affirmation in support of Defendants’ motion to extend the time to answer, move, or otherwise respond to the Complaint to November 6, 2023. 2. I am fully familiar with the facts and circumstances as described herein. 3. Plaintiff Patrick Nurse filed the Summons and Complaint in this action on September 12, 2023. A true and correct copy of the Summons and Complaint is annexed hereto as Exhibit A. 4. Defendants were served with the Summons and Complaint on September 17, 2023 by personal delivery. As a result, Defendants’ time to answer, move, or otherwise respond to the Complaint currently expires on October 9, 2023. 5. The Complaint alleges that Plaintiff was wrongfully terminated from his employment with the New York City Transit Authority. 1 1 of 3 FILED: QUEENS COUNTY CLERK 10/06/2023 03:34 PM INDEX NO. 718810/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/06/2023 6. On October 5, 2023, Hoguet Newman Regal & Kenney, LLP was retained to represent Defendants in this case. 7. On that same date, I contacted Plaintiff by phone to inquire about entering into a stipulation to extend Defendants’ time to answer, move, or otherwise respond to the Complaint by thirty (30) days. The phone call was disconnected before Plaintiff could consent to or reject the extension request. 8. Thereafter, also on October 5, I contacted Plaintiff by phone to follow up on my extension request. Plaintiff did not answer the phone. 9. By email dated October 5, 2023, I again asked for Plaintiff’s consent to the extension request. A true and correct copy of this email is annexed hereto as Exhibit B. 10. To date, I have not received a response from Plaintiff regarding the extension request. Therefore, Defendants request an extension of time from the Court. 11. Pursuant to CPLR § 3012(d), the Court has discretion to extend the time to answer, move, or otherwise respond to a complaint “upon such terms as may be just and upon a showing of reasonable excuse for delay or default.” 12. Further, CPLR § 2004 provides that “[e]xcept where otherwise expressly prescribed by law, the court may extend the time fixed by any statute, rule or order for doing any act, upon such terms as may be just and upon good cause shown, whether the application for extension is made before or after the expiration of the time fixed.” 13. Because counsel was retained to represent Defendants in this matter on October 5, 2023, more time is required to conduct a thorough investigation into Plaintiff’s allegations and to draft a response. In the early stages of this litigation, Plaintiff will not be prejudiced by a brief extension of time. 2 2 of 3 FILED: QUEENS COUNTY CLERK 10/06/2023 03:34 PM INDEX NO. 718810/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/06/2023 14. Further, a prior application has not been made in any court for the relief requested herein. This case is not one for summary judgment in lieu of a complaint. 15. For the foregoing reasons, Defendants respectfully request that this Court extend the time to answer, move, or otherwise respond to the Complaint in this action to November 6, 2023, along with such other relief as the Court deems just and proper. Dated: New York, New York October 6, 2023 HOGUET NEWMAN REGAL & KENNEY, LLP /s/ Shanene M. Frederick ____________________________ Shanene M. Frederick One Grand Central Place 60 East 42nd Street, 48th Floor New York, NY 10165 Telephone: (212) 689-8808 Facsimile: (212) 689-5101 Attorneys for Defendants 3 3 of 3