On February 05, 2015 a
Letter,Correspondence
was filed
involving a dispute between
Cdc Development Properties, Inc.,
and
American Independent Paper Mills Supply Co., Inc.,
Hudson Harbor Homes, Inc.,
for Commercial
in the District Court of Westchester County.
Preview
MARK E. CONSTANTINE, ESQ.
106 NORTH BROADWAY
IRVINGTON, NEW YORK 10533
PHONE (914) 631-0410 FAX (914) 631-0440
VIA FAX and E-FILE
November 14, 2018
Supreme Court of the State of New York
111 Martin Luther King, Blyd.
White Plains, New York 10601
attn.: Hon. Nicholas Colabella, JSC
re: CDC v. AIP
Index No.: 51573-15
Your Honour:
Greetings. Please be reminded that the undersigned is the attorney of record for American
Independent Paper Mills Supply Co., Inc. ("AIP"), the defendant in the above referenced matter.
I write this letter to request an extension of my time to file a reply to my cross motion in the
above referenced matter.
The Court will please recall that my opposition to CDC's motion including my cross
motion for consolidation was filed in accordance with the Court's schedule on October 31, 2018.
Similarly, CDC's opposition was filed on November 9, 2018 per said schedule. However, itwas
e-filed late on a Friday evening. Moreover, the ensuing Monday November 12, 2018 was the
Veteran's Day Holiday such that the Courts were closed and Court's website was not updated.
Accordingly, I did not receive notice that said papers were filed nor could I have viewed the
same until after 5pm on Monday when I received the annexed email notifications for the first
time.
As a practical matter I was out of the office on Monday such that I was only able to
conunonoe reading and responding to said papers on Tuesday November 13. Currently, the
motion is returnable this Friday November 16, 2018.
It isrespectfully submitted that the original schedule did not contemplate a cross motion
such that itis reasonable for the undersigned to request an opportunity to reply to CDC's
opposition. Additionally, in light of the timing of the filing of said reply and the intervening
Holiday itis reasonable for the undersigned to request an opportunity to reply to CDC's
opposition.
Accordingly, in the interests of justice and fairness the undersigned respectfully requests
the opportunity to file a reply on the cross motion on or before November 23, 2018 and that the
motion be returnable on November 30, 2018. Similarly, request is hereby respectfully made to
adjourn the status appearance currently scheduled for Friday November 16, 2018 to Friday
November 30, 2018.
Thank you for your continued thoughtful coñsideration in this regard.
Very truly yours,
Mark E. Constantine, Esq.
cc: All parties via e-filing
CDC X CurrentMarlbcx 9, Reply
All Unread sy Date v † E
efile@nycourts.gov jbfum
NYSGF Notification:Westchester - Comnwrial - «AFFIDAViT OR AFFIRMATION IN OPPOSITION TOCRO55--Mon 5c15 PM To emet
akaye
h opos.mure.state.ny us rsscef rrages N SCEFactorh p Westchester County Supreme
em Nat atin of FT If there
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your pl
efile 0yCOUrts OV
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Westchester-Commercial- 51573/2015 (CDC DEVELOPMENTPR,.. Mon5:01 PMI
Westchester County Supreme E½ng Ma
Court NotificationofFliing
11/12/2018 The NYSCEF System has receiveddocuments fromthefinng user,JOHN BLUMENSTOCK, forthe
Mark Cortstantine
transcriipt/order
from CRCs order to show cause re TRO ofsalie Mon 12:17 PM r-
John, I do not remember seeingthe or an
transcrifpt order refliectingthestipuletionditsposingofthe 0T5C
thatwas placed o>nthe record beforejudge ecker.Pleaseadvise asap. Thanks Mark Mårk E. Constantine
LastWeek
Mark Constantine @
v Wed111/7
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Mark Constantine doct
v Wed 11/7
JOHl
41tvoweeksÁge liste<
notif
Peter Baselice
Re: Fri 11/2/2018 ]
Document Filed Date
November 14, 2018
Case Filing Date
February 05, 2015
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
MARK E. CONSTANTINE, ESQ. 106 NORTH BROADWAY IRVINGTON, NEW YORK 10533 PHONE (914) 631-0410 FAX (914) 631-0440 VIA FAX and E-FILE November 14, 2018 Supreme Court of the State of New York 111 Martin Luther King, Blyd. White Plains, New York 10601 attn.: Hon. Nicholas Colabella, JSC re: CDC v. AIP Index No.: 51573-15 Your Honour: Greetings. Please be reminded that the undersigned is the attorney of record for American Independent Paper Mills Supply Co., Inc. ("AIP"), the defendant in the above referenced matter. I write this letter to request an extension of my time to file a reply to my cross motion in the above referenced matter. The Court will please recall that my opposition to CDC's motion including my cross motion for consolidation was filed in accordance with the Court's schedule on October 31, 2018. Similarly, CDC's opposition was filed on November 9, 2018 per said schedule. However, itwas e-filed late on a Friday evening. Moreover, the ensuing Monday November 12, 2018 was the Veteran's Day Holiday such that the Courts were closed and Court's website was not updated. Accordingly, I did not receive notice that said papers were filed nor could I have viewed the same until after 5pm on Monday when I received the annexed email notifications for the first time. As a practical matter I was out of the office on Monday such that I was only able to conunonoe reading and responding to said papers on Tuesday November 13. Currently, the motion is returnable this Friday November 16, 2018. It isrespectfully submitted that the original schedule did not contemplate a cross motion such that itis reasonable for the undersigned to request an opportunity to reply to CDC's opposition. Additionally, in light of the timing of the filing of said reply and the intervening Holiday itis reasonable for the undersigned to request an opportunity to reply to CDC's opposition. Accordingly, in the interests of justice and fairness the undersigned respectfully requests the opportunity to file a reply on the cross motion on or before November 23, 2018 and that the motion be returnable on November 30, 2018. Similarly, request is hereby respectfully made to adjourn the status appearance currently scheduled for Friday November 16, 2018 to Friday November 30, 2018. Thank you for your continued thoughtful coñsideration in this regard. Very truly yours, Mark E. Constantine, Esq. cc: All parties via e-filing CDC X CurrentMarlbcx 9, Reply All Unread sy Date v † E efile@nycourts.gov jbfum NYSGF Notification:Westchester - Comnwrial - «AFFIDAViT OR AFFIRMATION IN OPPOSITION TOCRO55--Mon 5c15 PM To emet akaye h opos.mure.state.ny us rsscef rrages N SCEFactorh p Westchester County Supreme em Nat atin of FT If there SCEF System lus recei e huraénts kom the ing uscr,JOHN BWMEN5TOG, forthe display Cliick h your pl efile 0yCOUrts OV NÝ5CEFNiotifiicatilon: Westchester-Commercial- 51573/2015 (CDC DEVELOPMENTPR,.. Mon5:01 PMI Westchester County Supreme E½ng Ma Court NotificationofFliing 11/12/2018 The NYSCEF System has receiveddocuments fromthefinng user,JOHN BLUMENSTOCK, forthe Mark Cortstantine transcriipt/order from CRCs order to show cause re TRO ofsalie Mon 12:17 PM r- John, I do not remember seeingthe or an transcrifpt order refliectingthestipuletionditsposingofthe 0T5C thatwas placed o>nthe record beforejudge ecker.Pleaseadvise asap. Thanks Mark Mårk E. Constantine LastWeek Mark Constantine @ v Wed111/7 The Mark Constantine doct v Wed 11/7 JOHl 41tvoweeksÁge liste< notif Peter Baselice Re: Fri 11/2/2018 ]