On February 26, 2024 a
Motion-Secondary
was filed
involving a dispute between
D.A. Davidson & Co.,
and
Kevin Michael Arvoy,
for Special Proceedings - CPLR Article 75
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 02/26/2024 04:55 PM INDEX NO. 650998/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------X
D.A. DAVIDSON & CO., )
PETITIONER, ) Index No.
v. )
KEVIN MICHAEL ARVOY, ) AFFIRMATION OF ELIZABETH DEL
CID IN SUPPORT OF VERIFIED
RESPONDENT. )
PETITION TO CONFIRM
ARBITRATION AWARD
------------------------------------------------------X
ELIZABETH DEL CID, ESQ., an attorney duly admitted to practice before the Court of
the State of New York, hereby affirms the truth of the following statements, upon information and
belief, under penalty of perjury:
1. I am an attorney duly licensed to practice law in the State of New York and am a
partner with the law firm of O’Hagan Meyer, LLP, attorneys of record for Petitioner D.A.
Davidson & Co. (hereinafter “Petitioner”).
2. I am familiar with the case file and the docket, and also have knowledge of the facts
as stated herein and could and would competently testify thereto if called upon to do so.
3. Confirmation of the award in the arbitration proceeding before FINRA is the
subject of the Petition filed on behalf of Petitioner and the relief requested herein.
4. On February 23, 2024, I served a true and correct copy of Petitioner’s Verified
Petition to Confirm Arbitration Award, dated February 16, 2024 (“Petition”), the Exhibits thereto,
Notice of Petition, Affirmation of Nancy Hendrickson, dated February 16, 2024, and Affirmation
of Elizabeth Del Cid, Esq., dated February 23, 2024 submitted herewith on Respondent Kevin
Michael Arvoy at 224 Riverside Drive, Fairfield, CT 06824.
5. I made such service by enclosing the aforementioned documents in a sealed,
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1 of 3
FILED: NEW YORK COUNTY CLERK 02/26/2024 04:55 PM INDEX NO. 650998/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/26/2024
properly addressed Federal Express (“FedEx”) wrapper, which I deposited into the custody of
FedEx for overnight delivery prior to the latest time designated by the service for delivery. The
aforementioned documents were delivered to the above address.
WHEREFORE, it is respectfully requested that the Court grant the relief requested in the
Petition.
Dated: New York, New York O’HAGAN MEYER PLLC
February 23, 2024
By: /s/ Elizabeth Del Cid
Elizabeth Del Cid, Esq.
Remee Kim, Esq.
O’HAGAN MEYER PLLC
229 West 36th Street, 8th Floor
New York, New York 10018
Tel: 312-422-6100
edelcid@ohaganmeyer.com
rkim@ohaganmeyer.com
Attorneys for Petitioner D.A. Davidson & Co.
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2 of 3
FILED: NEW YORK COUNTY CLERK 02/26/2024 04:55 PM INDEX NO. 650998/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/26/2024
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
)ss.:
COUNTY OF NEW YORK )
Elizabeth Del Cid, being duly sworn deposes and says:
I am not a party in this action. I am over the age of 18 years.
On February 23, 2024, I caused to be served a copy of the AFFIRMATION OF
ELIZABETH DEL CID IN SUPPORT OF VERIFIED PETITION TO CONFIRM
ARBITRATION AWARD on the persons listed below via Federal Express Mail:
Kevin Michael Arvoy
224 Riverside Drive
Fairfield, CT 06824
Respondent
Dated: New York, New York
February 23, 2024
/s/ Elizabeth Del Cid____________
Elizabeth Del Cid
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3 of 3
Document Filed Date
February 26, 2024
Case Filing Date
February 26, 2024
Category
Special Proceedings - CPLR Article 75
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FILED: NEW YORK COUNTY CLERK 02/26/2024 04:55 PM INDEX NO. 650998/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------X D.A. DAVIDSON & CO., ) PETITIONER, ) Index No. v. ) KEVIN MICHAEL ARVOY, ) AFFIRMATION OF ELIZABETH DEL CID IN SUPPORT OF VERIFIED RESPONDENT. ) PETITION TO CONFIRM ARBITRATION AWARD ------------------------------------------------------X ELIZABETH DEL CID, ESQ., an attorney duly admitted to practice before the Court of the State of New York, hereby affirms the truth of the following statements, upon information and belief, under penalty of perjury: 1. I am an attorney duly licensed to practice law in the State of New York and am a partner with the law firm of O’Hagan Meyer, LLP, attorneys of record for Petitioner D.A. Davidson & Co. (hereinafter “Petitioner”). 2. I am familiar with the case file and the docket, and also have knowledge of the facts as stated herein and could and would competently testify thereto if called upon to do so. 3. Confirmation of the award in the arbitration proceeding before FINRA is the subject of the Petition filed on behalf of Petitioner and the relief requested herein. 4. On February 23, 2024, I served a true and correct copy of Petitioner’s Verified Petition to Confirm Arbitration Award, dated February 16, 2024 (“Petition”), the Exhibits thereto, Notice of Petition, Affirmation of Nancy Hendrickson, dated February 16, 2024, and Affirmation of Elizabeth Del Cid, Esq., dated February 23, 2024 submitted herewith on Respondent Kevin Michael Arvoy at 224 Riverside Drive, Fairfield, CT 06824. 5. I made such service by enclosing the aforementioned documents in a sealed, 1 1 of 3 FILED: NEW YORK COUNTY CLERK 02/26/2024 04:55 PM INDEX NO. 650998/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/26/2024 properly addressed Federal Express (“FedEx”) wrapper, which I deposited into the custody of FedEx for overnight delivery prior to the latest time designated by the service for delivery. The aforementioned documents were delivered to the above address. WHEREFORE, it is respectfully requested that the Court grant the relief requested in the Petition. Dated: New York, New York O’HAGAN MEYER PLLC February 23, 2024 By: /s/ Elizabeth Del Cid Elizabeth Del Cid, Esq. Remee Kim, Esq. O’HAGAN MEYER PLLC 229 West 36th Street, 8th Floor New York, New York 10018 Tel: 312-422-6100 edelcid@ohaganmeyer.com rkim@ohaganmeyer.com Attorneys for Petitioner D.A. Davidson & Co. 2 2 of 3 FILED: NEW YORK COUNTY CLERK 02/26/2024 04:55 PM INDEX NO. 650998/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/26/2024 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) Elizabeth Del Cid, being duly sworn deposes and says: I am not a party in this action. I am over the age of 18 years. On February 23, 2024, I caused to be served a copy of the AFFIRMATION OF ELIZABETH DEL CID IN SUPPORT OF VERIFIED PETITION TO CONFIRM ARBITRATION AWARD on the persons listed below via Federal Express Mail: Kevin Michael Arvoy 224 Riverside Drive Fairfield, CT 06824 Respondent Dated: New York, New York February 23, 2024 /s/ Elizabeth Del Cid____________ Elizabeth Del Cid 3 3 of 3