Preview
FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF:UCS-840
05/08/2024
(rev. 07/29/2019)
REQUEST FOR JUDICIAL INTERVENTION
SUPREME COURT, COUNTY OF NEW YORK
Index No: TBD Date Index Issued: TBD For Court Use Only:
CAPTION Enter the complete case caption. Do not use et al or et ano. If more space is needed, attach a caption rider sheet. IAS Entry Date
In the Matter of the Application of ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY,
Petitioner, Judge Assigned
-against-
To Stay the Uninsured Motorist Arbitration of EDGAR HERNANDEZ AND LAURA LISI, RJI Filed Date
Respondent.
NATURE OF ACTION OR PROCEEDING Check only one box and specify where indicated.
COMMERICIAL MATRIMONIAL
Business Entity (includes corporations, partnerships, LLCs, LLPs, etc.) Contested
Contract NOTE: If there are children under the age of 18, complete and attach the
Insurance (where insurance company is a party, except arbitration) MATRIMONIAL RJI ADDENDUM (UCS-840M).
UCC (includes sales and negotiable instruments) For Uncontested Matrimonial actions, use the Uncontested Divorce RJI (UD-13).
Other Commercial (specify): TORTS
NOTE: For Commercial Division assignment requests pursuant to 22 NYCRR 202.70(d), Asbestos
complete and attach the COMMERCIAL DIVISION RJI ADDENDUM (UCS-840C). Child Victims Act
REAL PROPERTY Specify how many properties the application includes: _______ Environmental (specify):
Condemnation Medical, Dental or Podiatric Malpractice
Mortgage Foreclosure (specify): Residential Commercial Motor Vehicle
Property Address: Products Liability (specify):
NOTE: For Mortgage Foreclosure actions involving a one to four-family, owner-occupied Other Negligence (specify):
residential property or owner-occupied condominium, complete and attach the Other Professional Malpractice (specify):
FORECLOSURE RJI ADDENDUM (UCS-840F).
Other Tort (specify):
Tax Certiorari
SPECIAL PROCEEDINGS
Tax Foreclosure
CPLR Article 75 (Arbitration) [see NOTE in COMMERCIAL section]
Other Real Property (specify):
CPLR Article 78 (Body or Officer)
OTHER MATTERS Election Law
Certificate of Incorporation/Dissolution [see NOTE in COMMERCIAL section] Extreme Risk Protective Order
Emergency Medical Treatment MHL Article 9.60 (Kendra’s Law)
Habeas Corpus MHL Article 10 (Sex Offender Confinement-Initial)
Local Court Appeal MHL Article 10 (Sex Offender Confinement-Review)
Mechanic’s Lien MHL Article 81 (Guardianship)
Name Change Other Mental Hygiene (specify):
Pistol Permit Revocation Hearing Other Special Proceeding (specify):
Sale or Finance of Religious/Not-for-Profit Property
Other (specify):
NATURE OF JUDICIAL INTERVENTION Check one box only and enter additional information where indicated.
Infant’s Compromise
Extreme Risk Protective Order Application
Note of Issue/Certificate of Readiness
Notice of Medical, Dental or Podiatric Malpractice Date Issue Joined:
Notice of Motion Relief Requested: Return Date:
Notice of Petition Relief Requested: Stay Arbitration Return Date: June 10, 2024
Order to Show Cause Relief Requested: Return Date:
Other Ex Parte Application Relief Requested:
Poor Person Application
Request for Preliminary Conference
Residential Mortgage Foreclosure Settlement Conference
Writ of Habeas Corpus
Other (specify):
1 of 2
FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/08/2024
RELATED CASES List any related actions. For Matrimonial cases, list any related criminal or Family Court cases. If none, leave blank.
If additional space is required, complete and attach the RJI ADDENDUM (UCS-840A).
Case Title Index/Case Number Court Judge (if assigned) Relationship to instant case
PARTIES For parties without an attorney, check the “Un-Rep" box and enter the party’s address, phone number and email in the space provided.
If additional space is required, complete and attach the RJI ADDENDUM (UCS-840A).
Un- Parties Attorneys and Unrepresented Litigants Issue Joined Insurance Carriers
Rep List parties in same order as listed in the For represented parties, provide attorney’s name, firm name, address, phone and For each defendant, For each defendant,
caption and indicate roles (e.g., plaintiff, email. For unrepresented parties, provide party’s address, phone and email. indicate if issue has indicate insurance
defendant, 3rd party plaintiff, etc.) been joined. carrier, if applicable.
Name: In the Matter of the Application of 1055 Franklin Avenue, Suite 204 Allstate Insurance
ALLSTATE PROPERTY & CASUALTY Garden City NY 11530-2903 Company
INSURANCE COMPANY Phone: (347) 334-1782 YES NO
Role(s): Petitioner Our File Number: 0725408025.1
Name: Gambone Law Group PLLC 8652 Woodhaven Blvd, 2nd Floor
Role(s): Respondents, For an Order Staying Woodhaven, NY 11421
the Arbitration Demanded by EDGAR YES NO
HERNANDEZ and LAURA LISI
Name:
Role(s): YES NO
Name:
Role(s): YES NO
Name:
Role(s): YES NO
Name:
Role(s): YES NO
Name:
Role(s): YES NO
Name:
Role(s): YES NO
Name:
Role(s): YES NO
ATTORNEY AFFIRMATION
Name: STATE OF NEW YORK )
) ss:
Role(s): COUNTY OF NASSAU ) YES NO
Joseph Palmerson, an attorney admitted to practice in the Courts of this State, being associated
Name: with the attorneys for the Defendant in the within entitled action, affirms under the penalty of
perjury and pursuant to CPLR § 2106, that he/she has read the foregoing ANSWER WITH
Role(s): CROSS CLAIM and knows the contents thereof and the same is true to the knowledge of yourYES NO
affirmant, except as to the matters herein stated to be alleged upon information and belief and
that as to those matters he/she believes it to be true.
Name:
Role(s): YES
Affirmant further states that the reason why these papers are not being verified by the Defendant
is that the said Defendant upon information and belief does not reside within the County wherein
NO
affirmant has his/her office. That the grounds of affirmant's belief as to all matters not therein
stated to be alleged upon his/her knowledge are investigations and information received by
I AFFIRM UNDER THE PENALTY OF PERJURY THAT, UPON INFORMATION AND BELIEF, THERE ARE NO OTHER RELATED ACTIONS OR PROCEEDINGS,
affirmant in the course of his/her duties as an attorney for the said Defendant.
EXCEPT AS NOTED ABOVE, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION
DATED: Garden City, NY BEEN PREVIOUSLY FILED IN THIS ACTION OR PROCEEDING.
June 22, 2022
Dated: May 8, 2024
JOSEPH PALMERSON Signature
4834099
Joseph Palmerson
Attorney Registration Number Print Name
2 of 2
Preview
FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF:UCS-840 05/08/2024 (rev. 07/29/2019) REQUEST FOR JUDICIAL INTERVENTION SUPREME COURT, COUNTY OF NEW YORK Index No: TBD Date Index Issued: TBD For Court Use Only: CAPTION Enter the complete case caption. Do not use et al or et ano. If more space is needed, attach a caption rider sheet. IAS Entry Date In the Matter of the Application of ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, Petitioner, Judge Assigned -against- To Stay the Uninsured Motorist Arbitration of EDGAR HERNANDEZ AND LAURA LISI, RJI Filed Date Respondent. NATURE OF ACTION OR PROCEEDING Check only one box and specify where indicated. COMMERICIAL MATRIMONIAL Business Entity (includes corporations, partnerships, LLCs, LLPs, etc.) Contested Contract NOTE: If there are children under the age of 18, complete and attach the Insurance (where insurance company is a party, except arbitration) MATRIMONIAL RJI ADDENDUM (UCS-840M). UCC (includes sales and negotiable instruments) For Uncontested Matrimonial actions, use the Uncontested Divorce RJI (UD-13). Other Commercial (specify): TORTS NOTE: For Commercial Division assignment requests pursuant to 22 NYCRR 202.70(d), Asbestos complete and attach the COMMERCIAL DIVISION RJI ADDENDUM (UCS-840C). Child Victims Act REAL PROPERTY Specify how many properties the application includes: _______ Environmental (specify): Condemnation Medical, Dental or Podiatric Malpractice Mortgage Foreclosure (specify): Residential Commercial Motor Vehicle Property Address: Products Liability (specify): NOTE: For Mortgage Foreclosure actions involving a one to four-family, owner-occupied Other Negligence (specify): residential property or owner-occupied condominium, complete and attach the Other Professional Malpractice (specify): FORECLOSURE RJI ADDENDUM (UCS-840F). Other Tort (specify): Tax Certiorari SPECIAL PROCEEDINGS Tax Foreclosure CPLR Article 75 (Arbitration) [see NOTE in COMMERCIAL section] Other Real Property (specify): CPLR Article 78 (Body or Officer) OTHER MATTERS Election Law Certificate of Incorporation/Dissolution [see NOTE in COMMERCIAL section] Extreme Risk Protective Order Emergency Medical Treatment MHL Article 9.60 (Kendra’s Law) Habeas Corpus MHL Article 10 (Sex Offender Confinement-Initial) Local Court Appeal MHL Article 10 (Sex Offender Confinement-Review) Mechanic’s Lien MHL Article 81 (Guardianship) Name Change Other Mental Hygiene (specify): Pistol Permit Revocation Hearing Other Special Proceeding (specify): Sale or Finance of Religious/Not-for-Profit Property Other (specify): NATURE OF JUDICIAL INTERVENTION Check one box only and enter additional information where indicated. Infant’s Compromise Extreme Risk Protective Order Application Note of Issue/Certificate of Readiness Notice of Medical, Dental or Podiatric Malpractice Date Issue Joined: Notice of Motion Relief Requested: Return Date: Notice of Petition Relief Requested: Stay Arbitration Return Date: June 10, 2024 Order to Show Cause Relief Requested: Return Date: Other Ex Parte Application Relief Requested: Poor Person Application Request for Preliminary Conference Residential Mortgage Foreclosure Settlement Conference Writ of Habeas Corpus Other (specify): 1 of 2 FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/08/2024 RELATED CASES List any related actions. For Matrimonial cases, list any related criminal or Family Court cases. If none, leave blank. If additional space is required, complete and attach the RJI ADDENDUM (UCS-840A). Case Title Index/Case Number Court Judge (if assigned) Relationship to instant case PARTIES For parties without an attorney, check the “Un-Rep" box and enter the party’s address, phone number and email in the space provided. If additional space is required, complete and attach the RJI ADDENDUM (UCS-840A). Un- Parties Attorneys and Unrepresented Litigants Issue Joined Insurance Carriers Rep List parties in same order as listed in the For represented parties, provide attorney’s name, firm name, address, phone and For each defendant, For each defendant, caption and indicate roles (e.g., plaintiff, email. For unrepresented parties, provide party’s address, phone and email. indicate if issue has indicate insurance defendant, 3rd party plaintiff, etc.) been joined. carrier, if applicable. Name: In the Matter of the Application of 1055 Franklin Avenue, Suite 204 Allstate Insurance ALLSTATE PROPERTY & CASUALTY Garden City NY 11530-2903 Company INSURANCE COMPANY Phone: (347) 334-1782 YES NO Role(s): Petitioner Our File Number: 0725408025.1 Name: Gambone Law Group PLLC 8652 Woodhaven Blvd, 2nd Floor Role(s): Respondents, For an Order Staying Woodhaven, NY 11421 the Arbitration Demanded by EDGAR YES NO HERNANDEZ and LAURA LISI Name: Role(s): YES NO Name: Role(s): YES NO Name: Role(s): YES NO Name: Role(s): YES NO Name: Role(s): YES NO Name: Role(s): YES NO Name: Role(s): YES NO ATTORNEY AFFIRMATION Name: STATE OF NEW YORK ) ) ss: Role(s): COUNTY OF NASSAU ) YES NO Joseph Palmerson, an attorney admitted to practice in the Courts of this State, being associated Name: with the attorneys for the Defendant in the within entitled action, affirms under the penalty of perjury and pursuant to CPLR § 2106, that he/she has read the foregoing ANSWER WITH Role(s): CROSS CLAIM and knows the contents thereof and the same is true to the knowledge of yourYES NO affirmant, except as to the matters herein stated to be alleged upon information and belief and that as to those matters he/she believes it to be true. Name: Role(s): YES Affirmant further states that the reason why these papers are not being verified by the Defendant is that the said Defendant upon information and belief does not reside within the County wherein NO affirmant has his/her office. That the grounds of affirmant's belief as to all matters not therein stated to be alleged upon his/her knowledge are investigations and information received by I AFFIRM UNDER THE PENALTY OF PERJURY THAT, UPON INFORMATION AND BELIEF, THERE ARE NO OTHER RELATED ACTIONS OR PROCEEDINGS, affirmant in the course of his/her duties as an attorney for the said Defendant. EXCEPT AS NOTED ABOVE, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION DATED: Garden City, NY BEEN PREVIOUSLY FILED IN THIS ACTION OR PROCEEDING. June 22, 2022 Dated: May 8, 2024 JOSEPH PALMERSON Signature 4834099 Joseph Palmerson Attorney Registration Number Print Name 2 of 2