Preview
FILED: DUTCHESS COUNTY CLERK 04/04/2024 11:44 AM INDEX NO. 2015-52210
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 04/04/2024
TSL
ChiefLitigation Counsel
Andrew W. Humphreys, Esq.
Associate Attorneys
*3ONNA M. SPK.BOR, Esq. Dorothy Trochez, Esq.
Hallie Rubin Gaines, Esq.
of Counsel
Kenneth S. Rones, Esq.
*Licensedin NY, CA and DC
April 4, 2024
VIA NYSCEF
Honorable Thomas R. Davis
Dutchess County Supreme Court
10 Market Street
Poughkeepsie, NY 12601
Re: Garofolo vs. Devin J Carpenter, et al
Index# 2015/52210
Dear Judge Davis:
I hope this correspondence finds you well, and it is being submitted on consent of Michael
Mainetti, Esq, attorney for the defendant.
Unfortunately, and unexpectedly, the plaintiffs treating neurologist since 2014, Dr. Shaheda
Azher has requested a postponement ofher testimony for various reasons, including religious reasons
for Ramadan, a temporary shortage of neurologists at her practice due to a retirement, and a death of
a close friend, Dr. Albert Szabo, which happened this week.
As you can appreciate, and under the unexpected circumstances, we would respectfully request
an adjournment of the trial scheduled for Monday, April 8*. Mr. Mainetti graciously agreed to the
adjournment.
As you may recall, the first trial date was adjourned due to a previously scheduled vacation by
Mr. Mainetti that encompassed the time period of March 22 to March 31. During the approximate
same time period (3/21 to 3/28), I took the opportunity to travel to my granddaughters baptism out
of the country. Before leaving, I had believed, after discussing scheduling with Dr. Azher and her
assistant, that arrangements for testimony were made. On the day of my flight, I received an email
from a risk manager from Optum, that my understanding with Dr. Azher was negatively impacted
due to our law firm's prior lawsuit against a predecessor company, Caremount, on behalf of a family
member, Spilbor v. Styles, et al. I was able to have continued communication regarding testimony of
Dr. Azher through the risk manager only, who notified me last evening the significant and unexpected
inability of Dr. Azher in complying with the subpoena.
JONNA SPILBOR LAW
214 Main Street " Poughkeepsie New York 12601
P: 845.485.2LAW " F: 845.485.1230
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FILED: DUTCHESS COUNTY CLERK 04/04/2024 11:44 AM INDEX NO. 2015-52210
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 04/04/2024
The risk manager advised that Dr. Azher will be available to testify from 4/22 to 5/4. Again,
Mr. Mainetti graciously agreed to the adjournment, but, obviously, Your Honor's is
scheduling
paramount, and would appreciate any courtesies in rescheduling the trial to a later date, which we be
convenient for Your Honor. Therefore, it is respectfully requested that the trial be adjourned and that
a conference could be conducted on April 5, or April 8*.
Thank you in advance for your time and understanding in this matter.
Very truly yours,
Andrew Hu eys q.
JONNA SPI OR LA
Cc: VIA NYSCEF
Mainetti, Mainetti & O'Connor, P.C.
JONNA SPILBOR LAW
214 Main Street " Poughkeepsie New York 12601
P: 845.485.2LAW " F: 845.485.1230
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Preview
FILED: DUTCHESS COUNTY CLERK 04/04/2024 11:44 AM INDEX NO. 2015-52210 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 04/04/2024 TSL ChiefLitigation Counsel Andrew W. Humphreys, Esq. Associate Attorneys *3ONNA M. SPK.BOR, Esq. Dorothy Trochez, Esq. Hallie Rubin Gaines, Esq. of Counsel Kenneth S. Rones, Esq. *Licensedin NY, CA and DC April 4, 2024 VIA NYSCEF Honorable Thomas R. Davis Dutchess County Supreme Court 10 Market Street Poughkeepsie, NY 12601 Re: Garofolo vs. Devin J Carpenter, et al Index# 2015/52210 Dear Judge Davis: I hope this correspondence finds you well, and it is being submitted on consent of Michael Mainetti, Esq, attorney for the defendant. Unfortunately, and unexpectedly, the plaintiffs treating neurologist since 2014, Dr. Shaheda Azher has requested a postponement ofher testimony for various reasons, including religious reasons for Ramadan, a temporary shortage of neurologists at her practice due to a retirement, and a death of a close friend, Dr. Albert Szabo, which happened this week. As you can appreciate, and under the unexpected circumstances, we would respectfully request an adjournment of the trial scheduled for Monday, April 8*. Mr. Mainetti graciously agreed to the adjournment. As you may recall, the first trial date was adjourned due to a previously scheduled vacation by Mr. Mainetti that encompassed the time period of March 22 to March 31. During the approximate same time period (3/21 to 3/28), I took the opportunity to travel to my granddaughters baptism out of the country. Before leaving, I had believed, after discussing scheduling with Dr. Azher and her assistant, that arrangements for testimony were made. On the day of my flight, I received an email from a risk manager from Optum, that my understanding with Dr. Azher was negatively impacted due to our law firm's prior lawsuit against a predecessor company, Caremount, on behalf of a family member, Spilbor v. Styles, et al. I was able to have continued communication regarding testimony of Dr. Azher through the risk manager only, who notified me last evening the significant and unexpected inability of Dr. Azher in complying with the subpoena. JONNA SPILBOR LAW 214 Main Street " Poughkeepsie New York 12601 P: 845.485.2LAW " F: 845.485.1230 1 of 2 FILED: DUTCHESS COUNTY CLERK 04/04/2024 11:44 AM INDEX NO. 2015-52210 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 04/04/2024 The risk manager advised that Dr. Azher will be available to testify from 4/22 to 5/4. Again, Mr. Mainetti graciously agreed to the adjournment, but, obviously, Your Honor's is scheduling paramount, and would appreciate any courtesies in rescheduling the trial to a later date, which we be convenient for Your Honor. Therefore, it is respectfully requested that the trial be adjourned and that a conference could be conducted on April 5, or April 8*. Thank you in advance for your time and understanding in this matter. Very truly yours, Andrew Hu eys q. JONNA SPI OR LA Cc: VIA NYSCEF Mainetti, Mainetti & O'Connor, P.C. JONNA SPILBOR LAW 214 Main Street " Poughkeepsie New York 12601 P: 845.485.2LAW " F: 845.485.1230 2 of 2