Preview
: NASSAU COUNTY CLERK 05/01/2014) INDEX NO. 602748/2012 ;
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 05/01/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
eee en eee en ee en ne neem a eee seen ene nn ne eee ne eee xX
ALEJANDRA RAMIREZ, STANLEY SARAUW, Index No. 602748/2012
and YAZMEN F. COHILL, Justice assigned: John M.
Galasso
Plaintiffs,
NOTICE OF MOTION
-against- Return Date: June 3, 2014
YVONNA M. McALLISTER, THE COUNTY OF NASSAU, :
NASSAU INTER-COUNTY EXPRESS, VEOLIA |
TRANSPORTATION SERVICES, INC., ELLIS BELODOFF :
and DENISE RUSSO, ;
Defendants.
ee nnn a nnn nnn enn nnn nnn nnn nee X
MOTION BY: PICCIANO & SCAHILL, P.C.
Attorneys for Defendant :
ELLIS BELODOFF
RETURN DATE, TIME & PLACE: June 3, 2014, Centralized
Motion Part at the Courthouse
located at 100 Supreme Court
Drive, Mineola, New York, 11501,
at 9:30 am.
SUPPORTING PAPERS: Affirmation of LISA FRANK, ESQ.
and supporting papers
RELIEF REQUESTED: An Order, pursuant to 22 NYCRR
Section 202.17 & 202.21, striking
this action from the trial calendar
and vacating plaintiffs Note of
Issue and Statement of Readiness
on the grounds that the action is
not ready for trial in that all
necessary or proper preliminary
proceedings have not been
completed severely prejudicing
movant's trial preparation; and
further, an Order extending the
time of the defendant to moveANSWERING AFFIDAVITS:
CERTIFICATION:
DATED: Westbury, New York
Te:
May 1, 2014
TANTLEFF & KREINCES, LLP.
Attorneys for Plaintiff
ALEJANDRA RAMIREZ
170 Old Country Road, Suite 316
Mineola, New York 11501
(516) 307-1956
for summary judgment.
Must be served at least 7 days
prior to the return date of this
motion, pursuant to CPLR
2214(b).
Pursuant to 22 NYCRR 130-1.1, it
is hereby certified that to the best
of the undersigned’s knowledge,
information and belief formed
after an inquiry reasonable under
the circumstances, the
presentation of the annexed
papers or contentions therein are
not frivolous as defined by 22
NYCRR 1.1 (c).
Axa cur
LISA FRANK, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
ELLIS BELODOFF
900 Merchants Concourse, Suite 310
Westbury, New York 11590
(516) 294-5200
Claim No. 32 1D32 697SANDERS, SANDERS, BLOCK, WOYCIK,
VIENER & GROSSMAN, P.C.
Attorneys for Plaintiff
STANLEY SARAUW
100 Herricks Road
Mineola, New York 11501
(516) 741-5252
THE NOLL LAW FIRM, P.C.
Attorneys for Plaintiff
YAZMIN F. COHILL
116 Jackson Avenue
Syosset, New York 11791
MARTIN SILVER, P.C.
Attorney for Plaintiff
DENISE RUSSO
330 Motor Parkway, Suite 201
Hauppauge, New York 11788
NICOLINI, PARADISE, FERRETTI & SABELLA, ESQS.
Attorneys for Plaintiff
DENISE RUSSO
114 Old Country Road, Suite 500
Mineola, New York 11501
(516) 741-6355
LEWIS BRISBOIS BISGAARD & SMITH, LLP
Attorneys for Defendants
THE COUNTY OF NASSAU, NASSAU INTER-COUNTY
EXPRESS, VEOLIA TRANSPORTATION SERVICES, INC. and
YVONNA MCALLISTER
77 Water Street, Suite 2100
New. York, New York 10005
(212)232-1300
LAW OFFICES OF JAY D. JACOBSON, PLLC
Attorneys for Plaintiff
ELLIS BELODOFF
225 Broadhollow Road, Suite 200
Melville, New York 11747SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
a ee nnn rn nnn ee X
ALEJANDRA RAMIREZ, STANLEY SARAUW, Index No. 602748/2012
and YAZMEN F, COHILL,
Plaintiff,
AFFIRMATION
-against-
YVONNA M. McALLISTER, THE COUNTY OF NASSAU,
NASSAU INTER-COUNTY EXPRESS, VEOLIA
TRANSPORTATION SERVICES, INC., ELLIS BELODOFF
and DENISE RUSSO,
Defendants.
ann ene X
LISA FRANK, an attorney duly licensed to practice law in the Courts of the State of
New York, under penalty of perjury, affirms:
1. I am an associate with the law firm of PICCIANO & SCAHILL, P.C., attorneys
for the defendant, ELLIS BELODOFF, and as such am fully familiar with the facts,
circumstances and pleadings in the above captioned matter.
2. This Affirmation is submitted herewith in support of the within motion for an
Order, pursuant to 22 NYCRR Section 202.17 & 202.21, striking this action from the trial
calendar and vacating plaintiff's Note of Issue and Statement of Readiness on the grounds
that the action is not ready for trial in that all necessary or proper preliminary proceedings
have not been completed severely prejudicing movant's trial preparation.
3. This action has been instituted to recover money damages for personal
injuries allegedly sustained by plaintiff as a result of a motor vehicle collision whichoccurred on June 12, 2014. Suit was commenced with service of a summons and
complaint on or about January 23, 2013, and issue was joined by service of an answer on
or about August 21, 2013. A copy of the summons and complaint and defendant's
answer are annexed hereto as Exhibit A.
4. Plaintiff, YAZMIN COHILL’s Note of Issue and Certificate of Readiness dated
April 17, 2014 was received by your affirmant's office on April 21, 2014. A copy of same
is annexed hereto and marked as Exhibit B.
5. Said Certificate of Readiness and accompanying papers attesting to
compliance with the Appellate Division Rules and the uniform rules for the New York State
Trial Courts are deficient and incorrect in that plaintiff STANLEY SARAUW has not
responded to our discovery demand dated January 30, 2014, a copy of which is annexed
hereto as Exhibit C. Said demand requested numerous authorizations for medical
providers and other material as well as authorizations regarding plaintiff's prior motor
vehicle accident of July 29, 2010.
6. On March 19, 2014, this Honorable Court certified this matter for trial
subject to a court-ordered side stipulation of the Honorable John M. Galasso. Said
stipulation set forth: “ It is hereby stipulated and agreed by and between the below-
named attorneys as follows: 1) Plaintiff Russo to appear for continued EBT on 4/8/14; 2)
Defendant McAllister to appear for EBT on 4/15/14; 3) All post-EBT demands to be
responded to within 30 days; 4) All parties reserve right to serve further post-EBT
demands upon completion of EBTs; 5) All IMEs to be held by 4/30/14 and Russo’s IME to
be completed within 45 days of EBT; 6) All transcripts to be exchanged within 30 days.”
oCopies of the Certification Order and court-ordered side stipulation are annexed hereto as
Exhibit D.
7. The Court Rules of the Honorable John M. Galasso, more specifically section
five, states, “Under no circumstances is the NOI to be filed until all discovery is complete,
including those matters listed in any side stipulation or otherwise ordered by the Court.” A
copy of said Court Rules is annexed hereto as Exhibit E. Although, plaintiff, DENISE
RUSSO, appeared for a continued EBT and plaintiff, YYONNA McALLISTER, did appear for
EBT on 4/15/14, items 3, 4, 5 and 6 of the Honorable John M. Galasso’s court-ordered
side stipulation, remain outstanding. Clearly, plaintiff's counsel was not permitted to file a
Note of Issue until such time as all discovery was complete. Plaintiff's filing of the Note of
Issue fs thus in direct violation of the rules of this Court.
8. Consequently this action is not ready for trial.
9. Without the foregoing discovery, the defense will be severely prejudiced in
preparation for and the trial of this action.
10, 22 NYCRR Section 202.12(e) states as follows: "...any party to the action or
special proceeding may move to vacate the note of issue upon affidavit showing in what
respects the case is not ready for trial, and the court may vacate the note of issue if it
appears that a material fact in the certificate of readiness is incorrect or that the
certificate of readiness fails to comply with the requirements of this section in some
material respect."
11. Courts have held repeatedly that a Note of issue should be vacated, when
the same is based on a certificate of readiness that contains an erroneous fact, such as
athat discovery has been completed. See Ortiz v. Arias, 285 A.D.2d 390, 727 N.Y.S.2d
879 (1st Dept. 2001); Cromer v. Yellen, 268 A.D.2d 381, 702 N.Y.S.2d 277 (1st Dept.
2000); Club Italia, Inc. v. Italian Fashion Trading, Inc., 268 A.D.2d 219, 701 N.Y.S.2d
34 (1st Dept. 2000); Spilky v. TRW, Inc., 225 A.D.2d 539, 638 N.Y.S.2d 792 (1st Dept.
1996), Barnett v. DeMian, 207 A.D.2d 693, 616 N.Y.S.2d 491 (1st Dept. 1994),
12. It is clear that where there is a false statement in the certificate of
readiness, which indicates that there are outstanding requests for discovery, an action
should be stricken from the trial calendar. See Ortiz v. Valdescastilla, 98 A.D.2d 347 (ist
Dept. 1983); Arroyo v, City of New York, 86 A.D.2d 521, 445 N.Y.S.2d 753 (1st Dept.
1982).
13. This motion is made within twenty (20) days after receipt of the Note of
Issue and Certificate of Readiness.
14. In the alternative, should the Court decide to not grant the request of the
moving party in full, it is requested that the time to file a motion for summary judgment
be extended to 60 days after the exchange of all outstanding discovery is completed so as
to avoid the penalty of CPLR Section 3212(a) where the plaintiff has not completed
discovery and has nonetheless filed a Note of Issue.
WHEREFORE, it is respectfully prayed that the within motion be granted in all
respects and for such other and further relief as to this Court may be deemed just and
proper.
Dated: Westbury, New York
ay 1, j . # fy
' ALO IAM
“LISA FRANK
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|SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
eee nee mene nn nen nen name nnnnnnnnnnnnnatnnmnnannnnnnmnnnnnnnnnnn! x
ALEJANDRA RAMIREZ, STANLEY SARAUW, Index No. 602748/2012
and YAZMEN F. COHILL,
Plaintiff,
GOOD FAITH
AFFIRMATION
-against-
YVONNA M. McALLISTER, THE COUNTY OF NASSAU,
NASSAU INTER-COUNTY EXPRESS, VEOLIA
TRANSPORTATION SERVICES, INC., ELLIS BELODOFF
and DENISE RUSSO,
Defendants,
ee en nee ennnnRnennnee annem Xx
STATE OF NEW YORK, COUNTY OF NASSAU:
The undersigned, an attorney admitted to practice in this state, affirms that the
following statements are true under penalties of perjury:
(1) Tam the attorney for the defendant ELLIS BELODOFF in the above entitled
action.
(2) I have brought a motion in the above entitled action that relates to
disclosure since the plaintiff STANLEY SARAUW has failed to respond to our Notice of
Discovery and Inspection dated January 30, 2104, and physical examinations are not yet
complete, as reflected in the court ordered stipulation dated March 19, 2014. (See Exhibit
D annexed hereto.)
(3). Agood faith effort has been made to resolve the issues raised in the motion
via correspondence sent to Plaintiff's counsel dated March 7, 2014 requesting a response
to our Notice of Discovery and Inspection dated January 30, 2014, a copy of which is
annexed hereto as Exhibit F. Since a response to said demand has not been forthcoming,
the Motion to Strike plaintiff's Note of Issue is necessary.
iad 4
LISA FRANK
Dated: Westbury, New York
May 1, 2014
Legh.
1°AFFIDAVIT OF SERVICE
STATE OF NEW YORK, COUNTY OF NASSAU
I, Susan Jacobs, being sworn, depose and say: I am not a party to the
action, am over 18 years of age and reside at Plainview, New York. On May /7~
2014, I served the within Notice of Motion including all exhibits on:
THE NOLL LAW FIRM, P.C.
116 Jackson Avenue
Syosset, New York 11791
TANTLEFF & KREINCES, LLP.
170 Old Country Road, Suite 316
Mineola, New York 11501
SANDERS, SANDERS, BLOCK, WOYCIK,
VIENER & GROSSMAN, P.C.
100 Herricks Road
Mineola, New York 11501
MARTIN SILVER, P.C.
330 Motor Parkway, Suite 201
Hauppauge, New York 11788
NICOLINI, PARADISE, FERRETTI & SABELLA, ESQS.
114 Old Country Road, Suite 500
Mineola, New York 11501
LEWIS BRISBOIS BISGAARD & SMITH, LLP
77 Water Street, Suite 2100
New York, New York 10005
LAW OFFICES OF JAY D. JACOBSON, PLLC
225 Broadhollow Road, Suite 200
Melville, New York 11747by depositing a true copy thereof enclosed in a post-paid wrapper, in an official
depository under the exclusive care and custody of the U.S. Postal Service within
New York State, addressed to each of the above at the last known address as set
forth after each name.
Sworn to before me on this | day of
May, 2014.
Vio fp
OTARY PUBLIC / /
sme
DIANA KIPP
SOTARY PUBLIC, State of New York
No. 01K16134426
Ouaitied in Nassau County
ion Expires on October 3, 20 | ")SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Index No. 954/13
STANLEY SARAUW,
Plaintiff,
-against-
THE COUNTY OF NASSAU, NASSAU INTER-COUNTY
EXPRESS, VEOLIA TRANSPORTATION SERVICES, INC.,
YVONNA MCALLISTER, ELLIS BELODOFF and DENISE RUSSO,
Defendants.
NOTICE OF MOTION
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
ELLIS BELODOFF
900 Merchants Concourse, Sulte 310
Westbury, New York 11590
(516) 294-5200
ATTORNEY CERTIFICATION
Pursuant to 22 NYCRR §130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State,
certifies that upon information and belief and responsible inquiry, the contentions contained in the annexed
documents are not frivolous.
Dated: May 1, 2014
LISA FRANK, ESQ.
Please take notice
Notice of entry
that the within is a (certified) true copy of a duly entered in the office of the clerk of the within
named court on
ONotice of Settlement
that an order “ of which the within is a true copy will be presented for settlement to the HON.
one of the judges of the within named court, at on
Dated: Westbury, New York
Yours, etc.
PICCIANO & SCAHILL, P.C. i
Attorneys for Defendant |
ELLIS BELODOFF
To: All Parties 900 Merchants Concourse, Suite 310
Westbury, New York 11590
(516) 294-5200
Preview
: NASSAU COUNTY CLERK 05/01/2014) INDEX NO. 602748/2012 ; NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 05/01/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU eee en eee en ee en ne neem a eee seen ene nn ne eee ne eee xX ALEJANDRA RAMIREZ, STANLEY SARAUW, Index No. 602748/2012 and YAZMEN F. COHILL, Justice assigned: John M. Galasso Plaintiffs, NOTICE OF MOTION -against- Return Date: June 3, 2014 YVONNA M. McALLISTER, THE COUNTY OF NASSAU, : NASSAU INTER-COUNTY EXPRESS, VEOLIA | TRANSPORTATION SERVICES, INC., ELLIS BELODOFF : and DENISE RUSSO, ; Defendants. ee nnn a nnn nnn enn nnn nnn nnn nee X MOTION BY: PICCIANO & SCAHILL, P.C. Attorneys for Defendant : ELLIS BELODOFF RETURN DATE, TIME & PLACE: June 3, 2014, Centralized Motion Part at the Courthouse located at 100 Supreme Court Drive, Mineola, New York, 11501, at 9:30 am. SUPPORTING PAPERS: Affirmation of LISA FRANK, ESQ. and supporting papers RELIEF REQUESTED: An Order, pursuant to 22 NYCRR Section 202.17 & 202.21, striking this action from the trial calendar and vacating plaintiffs Note of Issue and Statement of Readiness on the grounds that the action is not ready for trial in that all necessary or proper preliminary proceedings have not been completed severely prejudicing movant's trial preparation; and further, an Order extending the time of the defendant to moveANSWERING AFFIDAVITS: CERTIFICATION: DATED: Westbury, New York Te: May 1, 2014 TANTLEFF & KREINCES, LLP. Attorneys for Plaintiff ALEJANDRA RAMIREZ 170 Old Country Road, Suite 316 Mineola, New York 11501 (516) 307-1956 for summary judgment. Must be served at least 7 days prior to the return date of this motion, pursuant to CPLR 2214(b). Pursuant to 22 NYCRR 130-1.1, it is hereby certified that to the best of the undersigned’s knowledge, information and belief formed after an inquiry reasonable under the circumstances, the presentation of the annexed papers or contentions therein are not frivolous as defined by 22 NYCRR 1.1 (c). Axa cur LISA FRANK, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant ELLIS BELODOFF 900 Merchants Concourse, Suite 310 Westbury, New York 11590 (516) 294-5200 Claim No. 32 1D32 697SANDERS, SANDERS, BLOCK, WOYCIK, VIENER & GROSSMAN, P.C. Attorneys for Plaintiff STANLEY SARAUW 100 Herricks Road Mineola, New York 11501 (516) 741-5252 THE NOLL LAW FIRM, P.C. Attorneys for Plaintiff YAZMIN F. COHILL 116 Jackson Avenue Syosset, New York 11791 MARTIN SILVER, P.C. Attorney for Plaintiff DENISE RUSSO 330 Motor Parkway, Suite 201 Hauppauge, New York 11788 NICOLINI, PARADISE, FERRETTI & SABELLA, ESQS. Attorneys for Plaintiff DENISE RUSSO 114 Old Country Road, Suite 500 Mineola, New York 11501 (516) 741-6355 LEWIS BRISBOIS BISGAARD & SMITH, LLP Attorneys for Defendants THE COUNTY OF NASSAU, NASSAU INTER-COUNTY EXPRESS, VEOLIA TRANSPORTATION SERVICES, INC. and YVONNA MCALLISTER 77 Water Street, Suite 2100 New. York, New York 10005 (212)232-1300 LAW OFFICES OF JAY D. JACOBSON, PLLC Attorneys for Plaintiff ELLIS BELODOFF 225 Broadhollow Road, Suite 200 Melville, New York 11747SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU a ee nnn rn nnn ee X ALEJANDRA RAMIREZ, STANLEY SARAUW, Index No. 602748/2012 and YAZMEN F, COHILL, Plaintiff, AFFIRMATION -against- YVONNA M. McALLISTER, THE COUNTY OF NASSAU, NASSAU INTER-COUNTY EXPRESS, VEOLIA TRANSPORTATION SERVICES, INC., ELLIS BELODOFF and DENISE RUSSO, Defendants. ann ene X LISA FRANK, an attorney duly licensed to practice law in the Courts of the State of New York, under penalty of perjury, affirms: 1. I am an associate with the law firm of PICCIANO & SCAHILL, P.C., attorneys for the defendant, ELLIS BELODOFF, and as such am fully familiar with the facts, circumstances and pleadings in the above captioned matter. 2. This Affirmation is submitted herewith in support of the within motion for an Order, pursuant to 22 NYCRR Section 202.17 & 202.21, striking this action from the trial calendar and vacating plaintiff's Note of Issue and Statement of Readiness on the grounds that the action is not ready for trial in that all necessary or proper preliminary proceedings have not been completed severely prejudicing movant's trial preparation. 3. This action has been instituted to recover money damages for personal injuries allegedly sustained by plaintiff as a result of a motor vehicle collision whichoccurred on June 12, 2014. Suit was commenced with service of a summons and complaint on or about January 23, 2013, and issue was joined by service of an answer on or about August 21, 2013. A copy of the summons and complaint and defendant's answer are annexed hereto as Exhibit A. 4. Plaintiff, YAZMIN COHILL’s Note of Issue and Certificate of Readiness dated April 17, 2014 was received by your affirmant's office on April 21, 2014. A copy of same is annexed hereto and marked as Exhibit B. 5. Said Certificate of Readiness and accompanying papers attesting to compliance with the Appellate Division Rules and the uniform rules for the New York State Trial Courts are deficient and incorrect in that plaintiff STANLEY SARAUW has not responded to our discovery demand dated January 30, 2014, a copy of which is annexed hereto as Exhibit C. Said demand requested numerous authorizations for medical providers and other material as well as authorizations regarding plaintiff's prior motor vehicle accident of July 29, 2010. 6. On March 19, 2014, this Honorable Court certified this matter for trial subject to a court-ordered side stipulation of the Honorable John M. Galasso. Said stipulation set forth: “ It is hereby stipulated and agreed by and between the below- named attorneys as follows: 1) Plaintiff Russo to appear for continued EBT on 4/8/14; 2) Defendant McAllister to appear for EBT on 4/15/14; 3) All post-EBT demands to be responded to within 30 days; 4) All parties reserve right to serve further post-EBT demands upon completion of EBTs; 5) All IMEs to be held by 4/30/14 and Russo’s IME to be completed within 45 days of EBT; 6) All transcripts to be exchanged within 30 days.” oCopies of the Certification Order and court-ordered side stipulation are annexed hereto as Exhibit D. 7. The Court Rules of the Honorable John M. Galasso, more specifically section five, states, “Under no circumstances is the NOI to be filed until all discovery is complete, including those matters listed in any side stipulation or otherwise ordered by the Court.” A copy of said Court Rules is annexed hereto as Exhibit E. Although, plaintiff, DENISE RUSSO, appeared for a continued EBT and plaintiff, YYONNA McALLISTER, did appear for EBT on 4/15/14, items 3, 4, 5 and 6 of the Honorable John M. Galasso’s court-ordered side stipulation, remain outstanding. Clearly, plaintiff's counsel was not permitted to file a Note of Issue until such time as all discovery was complete. Plaintiff's filing of the Note of Issue fs thus in direct violation of the rules of this Court. 8. Consequently this action is not ready for trial. 9. Without the foregoing discovery, the defense will be severely prejudiced in preparation for and the trial of this action. 10, 22 NYCRR Section 202.12(e) states as follows: "...any party to the action or special proceeding may move to vacate the note of issue upon affidavit showing in what respects the case is not ready for trial, and the court may vacate the note of issue if it appears that a material fact in the certificate of readiness is incorrect or that the certificate of readiness fails to comply with the requirements of this section in some material respect." 11. Courts have held repeatedly that a Note of issue should be vacated, when the same is based on a certificate of readiness that contains an erroneous fact, such as athat discovery has been completed. See Ortiz v. Arias, 285 A.D.2d 390, 727 N.Y.S.2d 879 (1st Dept. 2001); Cromer v. Yellen, 268 A.D.2d 381, 702 N.Y.S.2d 277 (1st Dept. 2000); Club Italia, Inc. v. Italian Fashion Trading, Inc., 268 A.D.2d 219, 701 N.Y.S.2d 34 (1st Dept. 2000); Spilky v. TRW, Inc., 225 A.D.2d 539, 638 N.Y.S.2d 792 (1st Dept. 1996), Barnett v. DeMian, 207 A.D.2d 693, 616 N.Y.S.2d 491 (1st Dept. 1994), 12. It is clear that where there is a false statement in the certificate of readiness, which indicates that there are outstanding requests for discovery, an action should be stricken from the trial calendar. See Ortiz v. Valdescastilla, 98 A.D.2d 347 (ist Dept. 1983); Arroyo v, City of New York, 86 A.D.2d 521, 445 N.Y.S.2d 753 (1st Dept. 1982). 13. This motion is made within twenty (20) days after receipt of the Note of Issue and Certificate of Readiness. 14. In the alternative, should the Court decide to not grant the request of the moving party in full, it is requested that the time to file a motion for summary judgment be extended to 60 days after the exchange of all outstanding discovery is completed so as to avoid the penalty of CPLR Section 3212(a) where the plaintiff has not completed discovery and has nonetheless filed a Note of Issue. WHEREFORE, it is respectfully prayed that the within motion be granted in all respects and for such other and further relief as to this Court may be deemed just and proper. Dated: Westbury, New York ay 1, j . # fy ' ALO IAM “LISA FRANK | | | | | | | | ; 4 | | { |SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU eee nee mene nn nen nen name nnnnnnnnnnnnnatnnmnnannnnnnmnnnnnnnnnnn! x ALEJANDRA RAMIREZ, STANLEY SARAUW, Index No. 602748/2012 and YAZMEN F. COHILL, Plaintiff, GOOD FAITH AFFIRMATION -against- YVONNA M. McALLISTER, THE COUNTY OF NASSAU, NASSAU INTER-COUNTY EXPRESS, VEOLIA TRANSPORTATION SERVICES, INC., ELLIS BELODOFF and DENISE RUSSO, Defendants, ee en nee ennnnRnennnee annem Xx STATE OF NEW YORK, COUNTY OF NASSAU: The undersigned, an attorney admitted to practice in this state, affirms that the following statements are true under penalties of perjury: (1) Tam the attorney for the defendant ELLIS BELODOFF in the above entitled action. (2) I have brought a motion in the above entitled action that relates to disclosure since the plaintiff STANLEY SARAUW has failed to respond to our Notice of Discovery and Inspection dated January 30, 2104, and physical examinations are not yet complete, as reflected in the court ordered stipulation dated March 19, 2014. (See Exhibit D annexed hereto.) (3). Agood faith effort has been made to resolve the issues raised in the motion via correspondence sent to Plaintiff's counsel dated March 7, 2014 requesting a response to our Notice of Discovery and Inspection dated January 30, 2014, a copy of which is annexed hereto as Exhibit F. Since a response to said demand has not been forthcoming, the Motion to Strike plaintiff's Note of Issue is necessary. iad 4 LISA FRANK Dated: Westbury, New York May 1, 2014 Legh. 1°AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF NASSAU I, Susan Jacobs, being sworn, depose and say: I am not a party to the action, am over 18 years of age and reside at Plainview, New York. On May /7~ 2014, I served the within Notice of Motion including all exhibits on: THE NOLL LAW FIRM, P.C. 116 Jackson Avenue Syosset, New York 11791 TANTLEFF & KREINCES, LLP. 170 Old Country Road, Suite 316 Mineola, New York 11501 SANDERS, SANDERS, BLOCK, WOYCIK, VIENER & GROSSMAN, P.C. 100 Herricks Road Mineola, New York 11501 MARTIN SILVER, P.C. 330 Motor Parkway, Suite 201 Hauppauge, New York 11788 NICOLINI, PARADISE, FERRETTI & SABELLA, ESQS. 114 Old Country Road, Suite 500 Mineola, New York 11501 LEWIS BRISBOIS BISGAARD & SMITH, LLP 77 Water Street, Suite 2100 New York, New York 10005 LAW OFFICES OF JAY D. JACOBSON, PLLC 225 Broadhollow Road, Suite 200 Melville, New York 11747by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the above at the last known address as set forth after each name. Sworn to before me on this | day of May, 2014. Vio fp OTARY PUBLIC / / sme DIANA KIPP SOTARY PUBLIC, State of New York No. 01K16134426 Ouaitied in Nassau County ion Expires on October 3, 20 | ")SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No. 954/13 STANLEY SARAUW, Plaintiff, -against- THE COUNTY OF NASSAU, NASSAU INTER-COUNTY EXPRESS, VEOLIA TRANSPORTATION SERVICES, INC., YVONNA MCALLISTER, ELLIS BELODOFF and DENISE RUSSO, Defendants. NOTICE OF MOTION PICCIANO & SCAHILL, P.C. Attorneys for Defendant ELLIS BELODOFF 900 Merchants Concourse, Sulte 310 Westbury, New York 11590 (516) 294-5200 ATTORNEY CERTIFICATION Pursuant to 22 NYCRR §130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that upon information and belief and responsible inquiry, the contentions contained in the annexed documents are not frivolous. Dated: May 1, 2014 LISA FRANK, ESQ. Please take notice Notice of entry that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on ONotice of Settlement that an order “ of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on Dated: Westbury, New York Yours, etc. PICCIANO & SCAHILL, P.C. i Attorneys for Defendant | ELLIS BELODOFF To: All Parties 900 Merchants Concourse, Suite 310 Westbury, New York 11590 (516) 294-5200