Preview
FILED: RICHMOND COUNTY CLERK 03/21/2024 05:57 PM INDEX NO. 151255/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/21/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
___________________________________________________________________Ç
MICHAEL FRANCIS
Index No. 151255/2023
Plaintiff, NOTICE OF MOTION
against
ANTHONY VOTO, CITY OF NEW YORK, and
NEW YORK CITY DEPARTMENT OF SANITATION,
Defendants.
____________________________________________________________________x
MOTION BY: ELEFTERAKIS, ELEFTERAKIS &
PANEK, attorneys for Plaintiff.
15*
DATE, TIME AND PLACE The day of April 2024, at
OF HEARING: 9:30 a.m., at an IAS Motion at the
Courthouse located at 26 Central Ave,
Staten Island, New York 10301.
RELIEF REQUESTED: For an Order (i) pursuant to CPLR §
3126, striking the Answer of
Defendants, THE CITY OF NEW
YORK, CITY OF NEW YORK
S/H/A NEW YORK CITY
DEPARTMENT OF SANITATION,
ANTHONY VOTO for failing to
provide response to the Case
Scheduling Order, dated September
15, 2023, Plaintiff s Notice for
Discovery and Inspection, dated
September 25, 2023, Plaintiff s
Supplemental Notice for Discovery
and Inspection, dated November 8,
2023 and response to the
Compliance Conference Order dated
January 30, 2024 or in the
alternative, (ii) precluding
Defendants, THE CITY OF NEW
YORK, CITY OF NEW YORK
S/H/A NEW YORK CITY
DEPARTMENT OF SANITATION,
ANTHONY VOTO from testifying
at trial and from submitting any
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FILED: RICHMOND COUNTY CLERK 03/21/2024 05:57 PM INDEX NO. 151255/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/21/2024
Affidavits in support of a Summary
Judgement Motion, for failing to
provide response to the Case
Scheduling Order, dated September
15, 2023, Plaintiffs Notice for
Discovery and Inspection, dated
September 25, 2023, Plaintiffs
Supplemental Notice for Discovery
and Inspection, dated November 8,
2023 and response to the
Compliance Conference Order dated
January 30, 2024 (iii) compelling
Defendant, THE CITY OF NEW
YORK, CITY OF NEW YORK
S/H/A NEW YORK CITY
DEPARTMENT OF SANITATION,
ANTHONY VOTO to provide
response to the Case Scheduling
Order, dated September 15, 2023,
Plaintiffs Notice for Discovery and
Inspection, dated September 25,
2023, Plaintiffs Supplemental
Notice for Discovery and Inspection,
dated November 8, 2023 and
response to the Compliance
Conference Order dated January 30,
2024 by a date certain; and (iv) for
such other and further relief as this
Court deems just and proper.
SUPPORTING PAPERS: Affirmation of Ryan Amato, Esq.,
213t
dated the day of March, 2024,
with annexed Exhibits.
ANSWERING AFFIRMATIONS: If any, are to be served no later than
seven (7) days prior to the return
date of this motion, pursuant to CPLR
§ 2214(b).
Dated: New York, New York
March 21, 2024
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FILED: RICHMOND COUNTY CLERK 03/21/2024 05:57 PM INDEX NO. 151255/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/21/2024
Yours, etc.,
ELEFTERAKIS, ELEFTERAKIS &
PANEK
By:
Ryan Athath;1Ésq.
Attorneys for Plaintiff
1
80 Pine Street, 38 Floor
New York, New York 10005
(212) 532-1116
To: HON. SYLVIA O. HINDS-RADIX
Corporation Counsel
Attorney for Defendants,
THE CITY OF NEW YORK, CITY OF NEW YORK
S/H/A NEW YORK CITY DEPARTMENT OF
SANITATION, ANTHONY VOTO,
100 Church Street
New York, New York 10007
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Preview
FILED: RICHMOND COUNTY CLERK 03/21/2024 05:57 PM INDEX NO. 151255/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/21/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ___________________________________________________________________Ç MICHAEL FRANCIS Index No. 151255/2023 Plaintiff, NOTICE OF MOTION against ANTHONY VOTO, CITY OF NEW YORK, and NEW YORK CITY DEPARTMENT OF SANITATION, Defendants. ____________________________________________________________________x MOTION BY: ELEFTERAKIS, ELEFTERAKIS & PANEK, attorneys for Plaintiff. 15* DATE, TIME AND PLACE The day of April 2024, at OF HEARING: 9:30 a.m., at an IAS Motion at the Courthouse located at 26 Central Ave, Staten Island, New York 10301. RELIEF REQUESTED: For an Order (i) pursuant to CPLR § 3126, striking the Answer of Defendants, THE CITY OF NEW YORK, CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF SANITATION, ANTHONY VOTO for failing to provide response to the Case Scheduling Order, dated September 15, 2023, Plaintiff s Notice for Discovery and Inspection, dated September 25, 2023, Plaintiff s Supplemental Notice for Discovery and Inspection, dated November 8, 2023 and response to the Compliance Conference Order dated January 30, 2024 or in the alternative, (ii) precluding Defendants, THE CITY OF NEW YORK, CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF SANITATION, ANTHONY VOTO from testifying at trial and from submitting any 1 of 3 FILED: RICHMOND COUNTY CLERK 03/21/2024 05:57 PM INDEX NO. 151255/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/21/2024 Affidavits in support of a Summary Judgement Motion, for failing to provide response to the Case Scheduling Order, dated September 15, 2023, Plaintiffs Notice for Discovery and Inspection, dated September 25, 2023, Plaintiffs Supplemental Notice for Discovery and Inspection, dated November 8, 2023 and response to the Compliance Conference Order dated January 30, 2024 (iii) compelling Defendant, THE CITY OF NEW YORK, CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF SANITATION, ANTHONY VOTO to provide response to the Case Scheduling Order, dated September 15, 2023, Plaintiffs Notice for Discovery and Inspection, dated September 25, 2023, Plaintiffs Supplemental Notice for Discovery and Inspection, dated November 8, 2023 and response to the Compliance Conference Order dated January 30, 2024 by a date certain; and (iv) for such other and further relief as this Court deems just and proper. SUPPORTING PAPERS: Affirmation of Ryan Amato, Esq., 213t dated the day of March, 2024, with annexed Exhibits. ANSWERING AFFIRMATIONS: If any, are to be served no later than seven (7) days prior to the return date of this motion, pursuant to CPLR § 2214(b). Dated: New York, New York March 21, 2024 2 of 3 FILED: RICHMOND COUNTY CLERK 03/21/2024 05:57 PM INDEX NO. 151255/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/21/2024 Yours, etc., ELEFTERAKIS, ELEFTERAKIS & PANEK By: Ryan Athath;1Ésq. Attorneys for Plaintiff 1 80 Pine Street, 38 Floor New York, New York 10005 (212) 532-1116 To: HON. SYLVIA O. HINDS-RADIX Corporation Counsel Attorney for Defendants, THE CITY OF NEW YORK, CITY OF NEW YORK S/H/A NEW YORK CITY DEPARTMENT OF SANITATION, ANTHONY VOTO, 100 Church Street New York, New York 10007 3 of 3