Preview
FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024
Dustin Dominesey ESSEX CGWHY CLERN 12/28/2023
9313 State Route 3
Vermontville, NY 12989 202UAN -3 Aff 9 D I
.EITOML NY 12932
Index NO. CV23-0569
The is my response to Greg Dennin's Request to receive payment for services in my 2016 -
following
2018 divorce proceeding. I am not being represented by legal counsel as I cannot afford it. I have
included copies of a few documents that I thought might be useful as references.
I would like to ask the court to consider the retainer fee that I paid to MR. Dennin to be sufficient
payment for services rendered. For the following reasons
In our signed retainer agreement on 5 26/2016, it clearly states that I am "entitled to receive a written
days:"
itemized bill on a regular basis, at least every 60 Despite my requesting an itemized statement at
least twice verbally in his office throughout the time he represented me, 1 did not receive a bill from Mr.
Dennin until 11/13/2018. (I do regret not requesting an itemized statement through email.).In both
instances when I requested the itemized statement, his response was "I respect that Dustin, and I will
soon."
try to get you one I Never received either of these requested statements. Once I received his final
statement, I was in shock at how expensive it was. If I had any idea the costs were so high. I would have
sought other legal counsel. As I don't believe the counsel he provided was sufficient, courteous, or in my
best interest.
After receiving his bill, I communicated with him that I did not agree with it, and he advised me of
arbitration and sent me the.appropriate information. After applying for arbitration, the response I
received was, that my issues with Greg Dennin We're not of an arbitration matter, but a legal
malpractice matter. Once I received this response, I proceeded to pursue legal malpractice lawyers. In
which I quickly found out that it is nearly impossible to find a lawyer to sue another lawyer for legal
malpractice. I contacted nine offices advertising legal maipractice law in the Albany and Syracuse area.
The response I received from all of them was that they represent lawyers, not plaintiffs. At this point I
did not know what to do so I neglected the situation to my fault.
While being represented by Greg Dennin, I expressed a strong interest in having my legal fees be paid by
my ex-wife because she made three times the incorne as me the entirety of our marriage, and she was
pursuing the divorce. He then explained to me that it would be very costly for me to pursue, and that i
lawyers'
should agree to pay for my own fees. A few years later, 1 was speaking to my new legal counsei
about this situation, and he made me aware that there, "shall be rebuttable presumption that council
spouse."
fees shall be awarded to the less monied To which end, pursuing my legal fees being awarded
would not.have been a costly pursuit. This is one reason why I feel Greg Dennin misrepresented me.
He also advised me not to pursue my portion of my ex-wife's retirement, as it too would be a very costly
pursuit. At this time my income was 25,000 a year and the cost of this divorce that I was not wanting
was on the forefront of my mind and I was trying to keep my cost down. So, I took Greg's advice. Trying
not to cost myself so much money. After speaking to my legal counsel at the time about this situation,
he explained how the retirement system works and crunched numbers for me and made me realize that
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024
if all of this had ben explained to me by Greg, I would have made a different decision, and pursued
receiving my portion of my spouse's pension.
Another reason I feel the cost I paid in the retainer fee is sufficient, Is that Mr. Dennin did not treat me
with respect and courtesy as outlined in the retainer agreement. One specific incident that occurred was
in his office on, I believe, 8/8/2017. I stopped in his office with some papers that I needed to submit and
a few questions. It very quickly became apparent that I caught him on and off day or something. He
quickly got frustrated that I didn't have one of the papers I needed and began to raise his voice, telling
me that I was annoying and frustrating him . To which I asked him not to speak to me in such a manner
and please keep his voice down. I then offered to leave and catch him on another day that would be
better. He refused and convinced me to stay and figure out the situation at hand. After a few minutes he
got frustrated again and rose his voice and I offered to leave again to which he insisted that I stay and
continue the conversation. After the third time of him raising his voice in frustration and insulting me. I
told him it was time for me to leave and I would come back another day. As I left his office, passing his
office assistant on the way out, she apologized for his behavior. I probably should have sought new legal
counsel at this time, but I was near the end of this long arduous battle and didn't see much sense so
close to the end.
In the time that has passed since Mr. Dennin sent me his final statement on 11/13/2018 and I pursued
arbitration and legal malpractice law, things between Mr. Dennin and I have been very quiet. In early
2023 I received an email from Mr. Dennin, stating that I needed to pay him, or he was going to pursue
the assistance of the court. When I received this e-mail, I searched my email account for
correspondence from him and found an email he sent me in 2019that I missed and never opened,
stating the same exact thing. At which point I thought he was just posturing so I decided to do nothing
again as I kind of felt like he was trying to intimidate me with his emails and not follow through the first
time in 2019. After receiving his email in 2023, my legal counsel at the time had advise me to file a
complaint with the bar association. Up to this point I have decided not to do so because I had not heard
anymore from Mr. Dennen about the situation, and I was fine leaving well enough alone. I'm not the
kind to pursue things like that on other people.
In closing, I would like to thank you for taking the time to see my side of story and understanding that
my response is not in legal form, as I do not have legal representation on this matter due to my inability
to afford legal counsel at this time.
Thank you for your time and consideration,
Dustin Dominesey
h
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FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ESSEX
..--a-----------------------··----------------------------------·-··-·x
- - - - - - -- - - -
GREGORY M. DENNIN, doing business as
Denhin & Dennin, .
Plaintiff/Petitioner,
- against - index No. CV23-0569
DUSTIN L. DOMINESEY,
Defendant/Respondent.
..........---------------------------------------------------------x . .
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
.
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above has filed this case using th
New York State Courts E-filing system ("NYSCEF"), and .
2) You are.a Defendant/Respondent (a party) in this case.
" If you are represented by an attorney:
Attorneys"
Give this Notice to your attorney. (Attornevs: see "Information for pg. 2).
attorney·
" If you are not represented by an
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection
to the internet, and an e-maii address to receive service of documents.
The benefits of participating in e-fliing include:
" and filing your documents electronically
serving
" free access to view and print your e-filed documents
" your number of trips to the courthouse
limiting
" any court fees on-line (credit card needed)
paying
To register for e-filing or for more information about how e-filing works:
" visit: www.nycourts.gov/efile-unrepresented or
" contact the Clerk's Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.qov
Page 1 of 2 - 6/6/18 EFM-1
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FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024
STATEMENT OF SERVICE BY MAIL AND
ACKNOWLEDGMENT OF RECEIPT BY MAIL OF
SUMMONS AND NOTICE
.SUPREME_C.OURT_ STATE_O-F-NEW YORK .
COUNTY OF ESSEX
_ __ .
_____________________________________
GREGORY M. DENNIN, doing business as
Dennin & Dennin,
INDEX NO.
Plaintiff
-against-
DUSTIN L. DOMINESEY, STATEMENT OF SERVICE
BY MAIL
.Defendant
___ ___..___..___________________..._...
TO: DUSTIN L. DOMINESEY
The enclosed summons-and complaint is served pursuant to Section 312-a of the Civil
Practice Law and Rules.
To avoid being Tcharged with the expense of service upon you, you must sign, date and
complete the acknowledgment part of this form and mail or deliver one copy of the completed form
to the sender within thirty (30) days from the date you receive it. If you wish to consult an attorney,
you should do so as soon as possible before the thirty (30) days expire.
If you do not complete and return the form to the sender within thirty (30) days, you (or the
party on-whose behalfyon.are-being served) may berequired to pay expenses inctrrred in serving the
summons and complaint or summons and notice or notice of petition and petition in any other
manner permitted by law, and the cost of such service as permitted by law may be entered as a
judgment against you.
If you have received a complaint or petition with this statement, the return of this statement
and acknowledgment does not relieve you of the necessity to answer the complaint or petition. The
time to ãnswer exl5ires twenty (20) days after the daÿ you mail or deliver this fonñ to the s-ender. If
you wish to consult with an attorney, you should do so as soon as possible before the twenty (20)
days expire.
If you are served on behalf ofa corporation, unincorporated association, partnership or other
entity, you must indicate under your signature your relationship to the entity. If you are served on
behalf of another person and you are authorized to receive process, you must indicate under your
signature your authority.
It is a crime to forge a signature or to make a false entry on this statement or on the
acknowledgment.
Dated , 2023
OREG R M. DENNIN, Plaintiff
2745 Main Street
Lake Placid, NY 12946
(518) 523-2595
Page 1 of 2
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FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024
DENNIN & DENNIN
Attorneys at Law
2745 Main Street
Lake Placid, NY 12946
Gregory M. Dennin Tel: 518-523-2595 Fax: 518-523-4766
Frederick S. Dennin (1923-20131) e-mail: greg@gmdiplaw.com
Certified Mail - 7016 1370 0001 9360 0257
RETURN RECEIPT REQUESTED
November 13, 2018
Mr. Dustin Dominesey
9312 State Route 3
Vermontville, NY 12989
Re: Dominesey v. Dominesey
Dear Dustin:
I enclose my final statement. In light of your failure to carry through on your original
commitment to me, I have updated the statement to reflect additional time - time for which I had not
planned to bill you had you carried through on your commitment.
Per your email noting your wish to exercise your right to arbitrate this matter, I am further
providing you with the following items:
1. Notice of Client's Right to Arbitration.
2. Instructions and Procedures explaining how to commence a fee arbitration
proceeding.
3. Copy of Request for Arbitration form necessary to commence arbitration
proceeding.
Very truly yours,
Gregory M. Dennin
GMD:de
Encl.
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FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024
Dennin & Dennin INVOICE
2745 Main Street Invoice # 394
Lake Placid, New York 12946 Issue Date 11/13/2018
Phone: (518) 523-2595 Due Date 12/12/2018
Fax: (518) 523-4766
Email: greg@gmdiplaw.com
Dustin Dominesey
9313 State Route 3
Vermontville, NY 12989
Services rendered in connection with matrimonial for period from 06/18/2016 to 08/13/2018
Services
Service 06/18/2016 telephone conference with Judith Pareira 0.40 $200.00 $80.00
Service 06/22/2016 meeting with client 1.80 $200.00 $360.00
Service 06/28/2016 conference with client 0.50 $200.00 $100.00
Service 06/29/2016 telephone confereIce with Judith Pareira 0.40 $200.00 $80.00
Service 07/09/2016 preparation letter to Judith Pareira 0.50 $200.00 $100.00
Service 07/15/2016 preparation and update Judith Pareira letter; email client 1.20 $200.00 $240.00
Service 07/19/2016 telephone conference with Dustin 0.40 $200.00 $80.00
Service 07/20/2016 update letter to Judith Pareira 0.60 $200.00 $120.00
Service 08/03/2016 emails re court
Service 08/12/2016 meetings 3.00 $200.00 $600.00
Service 08/13/2016 memo to Judith Pareira 0.60 $200.00 $120.00
Service 08/13/2016 preparation of memo to Judith Pareira 0.60 $200.00 $120.00
Service 08/16/2016 telephone conference with Dustin 0.30 $200.00 $60.00
Service 09/08/2016 telephone conference with Dustin and Judith Pareira; travel 3.40 $200.00 $680.00
to and appearance at court
Service 09/12,/2016 telephone conference with Dustin 0.30 $200.00 $60.00
Service 09/13/2016 telephone conference with Dustin 0.30 $200.00 $60.00
Service 09/21/2016 telephone conference with Dustin 0.20 $200.00 $40.00
Service 09/28/2016 review order to show cause; telephone conference with 0.80 $200.00 $160.00
Dustin
Service 09/29/2016 telephone conference with Dustin 0.40 $200.00 $80.00
Page 1 of 4
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Service 10/04/2016 telephone conference with Dustin; review separation 2.50 $200.00 $500.00
agreement; email Judith
Service 10/06/2016 telephone conference Dustin and Judith Pareira; letter to 1.20 $200.00 $240.00
court
Service 10/07/2016 email Dustin 0.30 $200.00 $60.00
Service 10/10/2016 telephone conference with Dustin 0.30 $200.00 $60.00
Service 10/12/2016 legal research; telephone confereIce with Dustin; 2.20 $200.00 $440.00
preparation motion papers
. . . ... .. . . . . . .... .. .. ..... . . . .... . .. . . . . . . . ... .. . .
Service 10/13/2016 meeting with Dustin; legal research; update papers 5.50 $200.00 $1,100.00
Service 10/14/2016 update papers 1.00 $200.00 $200.00
Service 10/18/2016 telephone conference with Dustin; email Judith Pareira; 2.50 $200.00 $500.00
preparation for 10-19 Court appearance
Service 10/19/2016 travel to and appearance at Justice Court 5.00 $200.00 $1,000.00
Service 10/20/2016 email Dustin as to ACD; review correspondence as to ACD 0.50 $200.00 $100.00
Service 10/20/2016 review Pareira correspondence; telephone conference and 1.00 $200.00 $200.00
email Dustin as to personal property
Service 10/22/2016 telephone conference with Dustin; review file; email Judith 2.00 $200.00 $400.00
Pareira
Service 11/03/2016 telephone conference with Dustin 0.40 $200.00 $80.00
Service 11/07/2016 telephone conference with Judith Pareira 0.20 $200.00 $40.00
Service 11/10/2016 telephone conference with Dustin 0.20 $200.00 $40.00
Service 11/11/2016 review file; email Dustin 0.50 $200.00 $100.00
Service 11/12/2016 legal research re valuation date 0.30 $200.00 $60.00
Service 11/15/2016 meeting with Dustin 1.00 $200.00 $200.00
Service 11/20/2016 telephone conference with Dustm; email separation 2.00 $200.00 $400.00
agreement and comments to Judith Pareira
Service 11/30/2016 review emails and file; telephone conference with Dustin 2.00 $200.00 $400.00
and Judith Pareira
Service 12/01/2016 telephone conference with Dustin 0.60 $200.00 $120.00
Service 12/06/2016 email Judith Pareira and Dustin 0.50 $200.00 $100.00
Service 12/08/2016 telephone conference with Dustin and Judith Pareira 0.80 $200.00 $160.00
Service 12/11/2016 legal research re joint custody and modification 1.00 $200.00 $200.00
Service 12/12/2016 telephone conference with Dustin 0.20 $200.00 $40.00
Service 12/14/2016 telephone conference with Dustin and Judith Pareira; 1.40. $200.00 $280.00
review agreement; email Judith Pareira
Service 12/15/2016 telephone conference with Dustin; prepare memo and deed 1.00 $200.00 $200.00
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.
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024
Service 12/16/2016 preparation deed and memo; attend settlement conference; 4.00 $200.00 $800.00
prepare follow up memo
Service 12/19/2016 telephone conference with Dustin; email Judith Pareira 0.50 $200.00 $100.00
Service 01/09/2017 telephone conference with Dustin; research QDRO; email 1.60 $200.00 $320.00
Judith Pareira
Service 01/11/2017 review 211 papers; telephone conference with Dustin; email 1.00 $200.00 $200.00
Judith Pareira
Service 02/28/2017 conference with Dustin 0.50 $200.00 $100.00
Service 03/01/2017 preparation of letter to court; email to Judith Pareira 0.80 $200.00 $160.00
Service 03/08/2017 email Dustin 0.30 $200.00 $60.00
Service 05/29/2017 review email; prepare response 0.40 $200.00 $80.00
Service 06/07/2017 telephone conference with Dustin 0.30 $200.00 $60.00
Service 07/11/2017 telephone conference with Dustin and Judith Pareira's 1.00 $200.00 $200.00
office; email Judith Pareira
Service 07/12/2017 review Pareira email; telephone conference with Dustin 0.50 $200.00 $100.00
Service 07/25/2017 prepare QDRO 0.80 $200.00 $160.00
Service 07/27/2017 update QDRO and letter to administrator; review emails; 1.50 $200.00 $300.00
email Dustin
Service 08/07/2017 email Judith Pareira as to deed 0.50 $200.00 $100.00
Service 08/08/2017 conference with Dustin; email attorney Gary Favro re 0.50 $200.00 $100.00
discharge
Service 09/05/2017 review updated statement; email Judith Pareira 0.40 $200.00 $80.00
Service 09/30/2017 telephone conference with Dustin; email Judith 0.40 $200.00 $80.00
Service 11/02/2017 telephone conference with Dustin; email Judith Pareira 0.60 $200.00 $120.00
Service 11/08/2017 email Judith; review Judith's email 0.30 $200.00 $60.00
Service 11/15/2017 telephone conference with Dustin 0.20 $200.00 $40.00
Service 12/14/2017 meeting with DustiI 0.50 $200.00 $100.00
Service 12/28/2017 review emails; email Dustin 0.30 $200.00 $60.00
Service 12/29/2017 email Judith Pareira 0.30 $200.00 $60.00
Service 01/23/2018 email Dustin 0.20 $200.00 $40.00
Service 01/24/2018 email Judith Pareira 0.30 $200.00 $60.00
Service 01/25/2018 various emails as to QDRO 0.30 $200.00 $60.00
Service 02/06/2018 telephone conference with Dustin 0.30 $200.00 $60.00
Service 03/04/2018 calculate QDRO: email Dustin 1.00 $200.00 $200.00
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Service 03/09/2018 update QDRO 0.40 $0.00 $0.00
Service 03/10/2018 email Judith Pareira as to QDRO 0.40 $200.00 $80.00
Service 03/10/2018 review file; email Judith Pareira as to QDRO and other 1.00 $200.00 $200.00
issues
Service 03/27/2018 telephone conference with Dustin 0.30 $200.00 $60.00
Service 03/28/2018 email Judith Pareira as to QDRO 0.20 $200.00 $40.00
Service 04/04/2018 update QDRO; prepare letter to Administrator regarding 0.80 $200.00 $160.00
QDRO
Service 0 13/2018 review letter from Deferred Comp approving QDRO 0.30 $200.00 $60.00
Service 04/16/2018 update QDRO; letter to Judge Main delivering QDRO 0.30 $200.00
Preview
FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024 Dustin Dominesey ESSEX CGWHY CLERN 12/28/2023 9313 State Route 3 Vermontville, NY 12989 202UAN -3 Aff 9 D I .EITOML NY 12932 Index NO. CV23-0569 The is my response to Greg Dennin's Request to receive payment for services in my 2016 - following 2018 divorce proceeding. I am not being represented by legal counsel as I cannot afford it. I have included copies of a few documents that I thought might be useful as references. I would like to ask the court to consider the retainer fee that I paid to MR. Dennin to be sufficient payment for services rendered. For the following reasons In our signed retainer agreement on 5 26/2016, it clearly states that I am "entitled to receive a written days:" itemized bill on a regular basis, at least every 60 Despite my requesting an itemized statement at least twice verbally in his office throughout the time he represented me, 1 did not receive a bill from Mr. Dennin until 11/13/2018. (I do regret not requesting an itemized statement through email.).In both instances when I requested the itemized statement, his response was "I respect that Dustin, and I will soon." try to get you one I Never received either of these requested statements. Once I received his final statement, I was in shock at how expensive it was. If I had any idea the costs were so high. I would have sought other legal counsel. As I don't believe the counsel he provided was sufficient, courteous, or in my best interest. After receiving his bill, I communicated with him that I did not agree with it, and he advised me of arbitration and sent me the.appropriate information. After applying for arbitration, the response I received was, that my issues with Greg Dennin We're not of an arbitration matter, but a legal malpractice matter. Once I received this response, I proceeded to pursue legal malpractice lawyers. In which I quickly found out that it is nearly impossible to find a lawyer to sue another lawyer for legal malpractice. I contacted nine offices advertising legal maipractice law in the Albany and Syracuse area. The response I received from all of them was that they represent lawyers, not plaintiffs. At this point I did not know what to do so I neglected the situation to my fault. While being represented by Greg Dennin, I expressed a strong interest in having my legal fees be paid by my ex-wife because she made three times the incorne as me the entirety of our marriage, and she was pursuing the divorce. He then explained to me that it would be very costly for me to pursue, and that i lawyers' should agree to pay for my own fees. A few years later, 1 was speaking to my new legal counsei about this situation, and he made me aware that there, "shall be rebuttable presumption that council spouse." fees shall be awarded to the less monied To which end, pursuing my legal fees being awarded would not.have been a costly pursuit. This is one reason why I feel Greg Dennin misrepresented me. He also advised me not to pursue my portion of my ex-wife's retirement, as it too would be a very costly pursuit. At this time my income was 25,000 a year and the cost of this divorce that I was not wanting was on the forefront of my mind and I was trying to keep my cost down. So, I took Greg's advice. Trying not to cost myself so much money. After speaking to my legal counsel at the time about this situation, he explained how the retirement system works and crunched numbers for me and made me realize that 1 of 24 FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024 if all of this had ben explained to me by Greg, I would have made a different decision, and pursued receiving my portion of my spouse's pension. Another reason I feel the cost I paid in the retainer fee is sufficient, Is that Mr. Dennin did not treat me with respect and courtesy as outlined in the retainer agreement. One specific incident that occurred was in his office on, I believe, 8/8/2017. I stopped in his office with some papers that I needed to submit and a few questions. It very quickly became apparent that I caught him on and off day or something. He quickly got frustrated that I didn't have one of the papers I needed and began to raise his voice, telling me that I was annoying and frustrating him . To which I asked him not to speak to me in such a manner and please keep his voice down. I then offered to leave and catch him on another day that would be better. He refused and convinced me to stay and figure out the situation at hand. After a few minutes he got frustrated again and rose his voice and I offered to leave again to which he insisted that I stay and continue the conversation. After the third time of him raising his voice in frustration and insulting me. I told him it was time for me to leave and I would come back another day. As I left his office, passing his office assistant on the way out, she apologized for his behavior. I probably should have sought new legal counsel at this time, but I was near the end of this long arduous battle and didn't see much sense so close to the end. In the time that has passed since Mr. Dennin sent me his final statement on 11/13/2018 and I pursued arbitration and legal malpractice law, things between Mr. Dennin and I have been very quiet. In early 2023 I received an email from Mr. Dennin, stating that I needed to pay him, or he was going to pursue the assistance of the court. When I received this e-mail, I searched my email account for correspondence from him and found an email he sent me in 2019that I missed and never opened, stating the same exact thing. At which point I thought he was just posturing so I decided to do nothing again as I kind of felt like he was trying to intimidate me with his emails and not follow through the first time in 2019. After receiving his email in 2023, my legal counsel at the time had advise me to file a complaint with the bar association. Up to this point I have decided not to do so because I had not heard anymore from Mr. Dennen about the situation, and I was fine leaving well enough alone. I'm not the kind to pursue things like that on other people. In closing, I would like to thank you for taking the time to see my side of story and understanding that my response is not in legal form, as I do not have legal representation on this matter due to my inability to afford legal counsel at this time. Thank you for your time and consideration, Dustin Dominesey h 2 of 24 FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ESSEX ..--a-----------------------··----------------------------------·-··-·x - - - - - - -- - - - GREGORY M. DENNIN, doing business as Denhin & Dennin, . Plaintiff/Petitioner, - against - index No. CV23-0569 DUSTIN L. DOMINESEY, Defendant/Respondent. ..........---------------------------------------------------------x . . NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) . You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above has filed this case using th New York State Courts E-filing system ("NYSCEF"), and . 2) You are.a Defendant/Respondent (a party) in this case. " If you are represented by an attorney: Attorneys" Give this Notice to your attorney. (Attornevs: see "Information for pg. 2). attorney· " If you are not represented by an You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-maii address to receive service of documents. The benefits of participating in e-fliing include: " and filing your documents electronically serving " free access to view and print your e-filed documents " your number of trips to the courthouse limiting " any court fees on-line (credit card needed) paying To register for e-filing or for more information about how e-filing works: " visit: www.nycourts.gov/efile-unrepresented or " contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.qov Page 1 of 2 - 6/6/18 EFM-1 3 of 24 FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024 STATEMENT OF SERVICE BY MAIL AND ACKNOWLEDGMENT OF RECEIPT BY MAIL OF SUMMONS AND NOTICE .SUPREME_C.OURT_ STATE_O-F-NEW YORK . COUNTY OF ESSEX _ __ . _____________________________________ GREGORY M. DENNIN, doing business as Dennin & Dennin, INDEX NO. Plaintiff -against- DUSTIN L. DOMINESEY, STATEMENT OF SERVICE BY MAIL .Defendant ___ ___..___..___________________..._... TO: DUSTIN L. DOMINESEY The enclosed summons-and complaint is served pursuant to Section 312-a of the Civil Practice Law and Rules. To avoid being Tcharged with the expense of service upon you, you must sign, date and complete the acknowledgment part of this form and mail or deliver one copy of the completed form to the sender within thirty (30) days from the date you receive it. If you wish to consult an attorney, you should do so as soon as possible before the thirty (30) days expire. If you do not complete and return the form to the sender within thirty (30) days, you (or the party on-whose behalfyon.are-being served) may berequired to pay expenses inctrrred in serving the summons and complaint or summons and notice or notice of petition and petition in any other manner permitted by law, and the cost of such service as permitted by law may be entered as a judgment against you. If you have received a complaint or petition with this statement, the return of this statement and acknowledgment does not relieve you of the necessity to answer the complaint or petition. The time to ãnswer exl5ires twenty (20) days after the daÿ you mail or deliver this fonñ to the s-ender. If you wish to consult with an attorney, you should do so as soon as possible before the twenty (20) days expire. If you are served on behalf ofa corporation, unincorporated association, partnership or other entity, you must indicate under your signature your relationship to the entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. It is a crime to forge a signature or to make a false entry on this statement or on the acknowledgment. Dated , 2023 OREG R M. DENNIN, Plaintiff 2745 Main Street Lake Placid, NY 12946 (518) 523-2595 Page 1 of 2 4 of 24 FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024 DENNIN & DENNIN Attorneys at Law 2745 Main Street Lake Placid, NY 12946 Gregory M. Dennin Tel: 518-523-2595 Fax: 518-523-4766 Frederick S. Dennin (1923-20131) e-mail: greg@gmdiplaw.com Certified Mail - 7016 1370 0001 9360 0257 RETURN RECEIPT REQUESTED November 13, 2018 Mr. Dustin Dominesey 9312 State Route 3 Vermontville, NY 12989 Re: Dominesey v. Dominesey Dear Dustin: I enclose my final statement. In light of your failure to carry through on your original commitment to me, I have updated the statement to reflect additional time - time for which I had not planned to bill you had you carried through on your commitment. Per your email noting your wish to exercise your right to arbitrate this matter, I am further providing you with the following items: 1. Notice of Client's Right to Arbitration. 2. Instructions and Procedures explaining how to commence a fee arbitration proceeding. 3. Copy of Request for Arbitration form necessary to commence arbitration proceeding. Very truly yours, Gregory M. Dennin GMD:de Encl. 5 of 24 FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024 Dennin & Dennin INVOICE 2745 Main Street Invoice # 394 Lake Placid, New York 12946 Issue Date 11/13/2018 Phone: (518) 523-2595 Due Date 12/12/2018 Fax: (518) 523-4766 Email: greg@gmdiplaw.com Dustin Dominesey 9313 State Route 3 Vermontville, NY 12989 Services rendered in connection with matrimonial for period from 06/18/2016 to 08/13/2018 Services Service 06/18/2016 telephone conference with Judith Pareira 0.40 $200.00 $80.00 Service 06/22/2016 meeting with client 1.80 $200.00 $360.00 Service 06/28/2016 conference with client 0.50 $200.00 $100.00 Service 06/29/2016 telephone confereIce with Judith Pareira 0.40 $200.00 $80.00 Service 07/09/2016 preparation letter to Judith Pareira 0.50 $200.00 $100.00 Service 07/15/2016 preparation and update Judith Pareira letter; email client 1.20 $200.00 $240.00 Service 07/19/2016 telephone conference with Dustin 0.40 $200.00 $80.00 Service 07/20/2016 update letter to Judith Pareira 0.60 $200.00 $120.00 Service 08/03/2016 emails re court Service 08/12/2016 meetings 3.00 $200.00 $600.00 Service 08/13/2016 memo to Judith Pareira 0.60 $200.00 $120.00 Service 08/13/2016 preparation of memo to Judith Pareira 0.60 $200.00 $120.00 Service 08/16/2016 telephone conference with Dustin 0.30 $200.00 $60.00 Service 09/08/2016 telephone conference with Dustin and Judith Pareira; travel 3.40 $200.00 $680.00 to and appearance at court Service 09/12,/2016 telephone conference with Dustin 0.30 $200.00 $60.00 Service 09/13/2016 telephone conference with Dustin 0.30 $200.00 $60.00 Service 09/21/2016 telephone conference with Dustin 0.20 $200.00 $40.00 Service 09/28/2016 review order to show cause; telephone conference with 0.80 $200.00 $160.00 Dustin Service 09/29/2016 telephone conference with Dustin 0.40 $200.00 $80.00 Page 1 of 4 6 of 24 FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024 Service 10/04/2016 telephone conference with Dustin; review separation 2.50 $200.00 $500.00 agreement; email Judith Service 10/06/2016 telephone conference Dustin and Judith Pareira; letter to 1.20 $200.00 $240.00 court Service 10/07/2016 email Dustin 0.30 $200.00 $60.00 Service 10/10/2016 telephone conference with Dustin 0.30 $200.00 $60.00 Service 10/12/2016 legal research; telephone confereIce with Dustin; 2.20 $200.00 $440.00 preparation motion papers . . . ... .. . . . . . .... .. .. ..... . . . .... . .. . . . . . . . ... .. . . Service 10/13/2016 meeting with Dustin; legal research; update papers 5.50 $200.00 $1,100.00 Service 10/14/2016 update papers 1.00 $200.00 $200.00 Service 10/18/2016 telephone conference with Dustin; email Judith Pareira; 2.50 $200.00 $500.00 preparation for 10-19 Court appearance Service 10/19/2016 travel to and appearance at Justice Court 5.00 $200.00 $1,000.00 Service 10/20/2016 email Dustin as to ACD; review correspondence as to ACD 0.50 $200.00 $100.00 Service 10/20/2016 review Pareira correspondence; telephone conference and 1.00 $200.00 $200.00 email Dustin as to personal property Service 10/22/2016 telephone conference with Dustin; review file; email Judith 2.00 $200.00 $400.00 Pareira Service 11/03/2016 telephone conference with Dustin 0.40 $200.00 $80.00 Service 11/07/2016 telephone conference with Judith Pareira 0.20 $200.00 $40.00 Service 11/10/2016 telephone conference with Dustin 0.20 $200.00 $40.00 Service 11/11/2016 review file; email Dustin 0.50 $200.00 $100.00 Service 11/12/2016 legal research re valuation date 0.30 $200.00 $60.00 Service 11/15/2016 meeting with Dustin 1.00 $200.00 $200.00 Service 11/20/2016 telephone conference with Dustm; email separation 2.00 $200.00 $400.00 agreement and comments to Judith Pareira Service 11/30/2016 review emails and file; telephone conference with Dustin 2.00 $200.00 $400.00 and Judith Pareira Service 12/01/2016 telephone conference with Dustin 0.60 $200.00 $120.00 Service 12/06/2016 email Judith Pareira and Dustin 0.50 $200.00 $100.00 Service 12/08/2016 telephone conference with Dustin and Judith Pareira 0.80 $200.00 $160.00 Service 12/11/2016 legal research re joint custody and modification 1.00 $200.00 $200.00 Service 12/12/2016 telephone conference with Dustin 0.20 $200.00 $40.00 Service 12/14/2016 telephone conference with Dustin and Judith Pareira; 1.40. $200.00 $280.00 review agreement; email Judith Pareira Service 12/15/2016 telephone conference with Dustin; prepare memo and deed 1.00 $200.00 $200.00 Page 2 of 4 7 of 24 FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569 . NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024 Service 12/16/2016 preparation deed and memo; attend settlement conference; 4.00 $200.00 $800.00 prepare follow up memo Service 12/19/2016 telephone conference with Dustin; email Judith Pareira 0.50 $200.00 $100.00 Service 01/09/2017 telephone conference with Dustin; research QDRO; email 1.60 $200.00 $320.00 Judith Pareira Service 01/11/2017 review 211 papers; telephone conference with Dustin; email 1.00 $200.00 $200.00 Judith Pareira Service 02/28/2017 conference with Dustin 0.50 $200.00 $100.00 Service 03/01/2017 preparation of letter to court; email to Judith Pareira 0.80 $200.00 $160.00 Service 03/08/2017 email Dustin 0.30 $200.00 $60.00 Service 05/29/2017 review email; prepare response 0.40 $200.00 $80.00 Service 06/07/2017 telephone conference with Dustin 0.30 $200.00 $60.00 Service 07/11/2017 telephone conference with Dustin and Judith Pareira's 1.00 $200.00 $200.00 office; email Judith Pareira Service 07/12/2017 review Pareira email; telephone conference with Dustin 0.50 $200.00 $100.00 Service 07/25/2017 prepare QDRO 0.80 $200.00 $160.00 Service 07/27/2017 update QDRO and letter to administrator; review emails; 1.50 $200.00 $300.00 email Dustin Service 08/07/2017 email Judith Pareira as to deed 0.50 $200.00 $100.00 Service 08/08/2017 conference with Dustin; email attorney Gary Favro re 0.50 $200.00 $100.00 discharge Service 09/05/2017 review updated statement; email Judith Pareira 0.40 $200.00 $80.00 Service 09/30/2017 telephone conference with Dustin; email Judith 0.40 $200.00 $80.00 Service 11/02/2017 telephone conference with Dustin; email Judith Pareira 0.60 $200.00 $120.00 Service 11/08/2017 email Judith; review Judith's email 0.30 $200.00 $60.00 Service 11/15/2017 telephone conference with Dustin 0.20 $200.00 $40.00 Service 12/14/2017 meeting with DustiI 0.50 $200.00 $100.00 Service 12/28/2017 review emails; email Dustin 0.30 $200.00 $60.00 Service 12/29/2017 email Judith Pareira 0.30 $200.00 $60.00 Service 01/23/2018 email Dustin 0.20 $200.00 $40.00 Service 01/24/2018 email Judith Pareira 0.30 $200.00 $60.00 Service 01/25/2018 various emails as to QDRO 0.30 $200.00 $60.00 Service 02/06/2018 telephone conference with Dustin 0.30 $200.00 $60.00 Service 03/04/2018 calculate QDRO: email Dustin 1.00 $200.00 $200.00 Page 3 of 4 8 of 24 FILED: ESSEX COUNTY CLERK 01/03/2024 09:01 AM INDEX NO. CV23-0569 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/03/2024 Service 03/09/2018 update QDRO 0.40 $0.00 $0.00 Service 03/10/2018 email Judith Pareira as to QDRO 0.40 $200.00 $80.00 Service 03/10/2018 review file; email Judith Pareira as to QDRO and other 1.00 $200.00 $200.00 issues Service 03/27/2018 telephone conference with Dustin 0.30 $200.00 $60.00 Service 03/28/2018 email Judith Pareira as to QDRO 0.20 $200.00 $40.00 Service 04/04/2018 update QDRO; prepare letter to Administrator regarding 0.80 $200.00 $160.00 QDRO Service 0 13/2018 review letter from Deferred Comp approving QDRO 0.30 $200.00 $60.00 Service 04/16/2018 update QDRO; letter to Judge Main delivering QDRO 0.30 $200.00