Preview
FILED: QUEENS COUNTY CLERK 10/28/2020 12:29 PM INDEX NO. 718837/2020
NYSCEF
[FILED:DOC. NO. 6
QUEENS COUNTY CLERK 10/16/2020 11:07 AM] RECEIVED INDEX NO.
NYSCEF: 718837/2020
10/28/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/16/2020
At an I.A.S. Part / Term 40 of the
Sequence 1 Supreme Court of the State of New
York, held in and for the County of
Queens, at die
at 88.11 Sutphin Blvdi,
Jornoioa, Now York 11435, on the
26th day of October 1,2020.
PRESENT: HON. RICHARD G. LATIN
Justice of the Supreme Court
X
SACCO & FILLAS, LLP; Index No. 718837/2020
Petitioner, ORDER TO
SHOW CAUSE
-against-
RALPH MOSCA, NEW YORK CITY HUMAN RESOURCES "FILED
ADMINISTRATION, RSI RECOVERY SERVICES
INTERNATIONAL, INC., GLOFIN FUNDING OCT 28 im
F/K/A PEAK FUNDING GROUP AND PHILADELPHIA
INDEMNITY INSURANCE COMPANY,
Respondents.
X
Upon the annexed Petition/Affirmation of Hariharan Krishnaraj, Esq., dated October 12,2020,
along with the exhibits annexed thereto and on all the proceedings had herein:
LET the Respondents or Respondents’ attorneys show cause before this Court, at an IAS
Part / Term 40 Ronnr UUI
«to be heldlo^tted-at
1 Qulpliiu Dlvd., Jamaica, New York 1M35, on the JOth day of December , 2020, at 9:30
o’clock in the forenoon of that day, or as soon as counsel can be heard, WHY an Order for
Declaratory Judgment should not be made and entered herein as follows:
1. Determining the priority of payment of liens on Respondent Ralph Mosca’s recovery
in an underlying action; and
2. Fixing the purported claim/lien/right of payment of claimed lienholder Respondents,
New York City Human Resources Administration, RSI Recovery Services
International, Inc. and Glofin Funding f/k/a Peak Funding Group; and
3. Directing RSI Recovery Services International Inc. to return (or deposit into a Court
1 of 2
FILED: QUEENS COUNTY CLERK 10/28/2020 12:29 PM INDEX NO. 718837/2020
NYSCEF
[FILED:DOC. NO. 6
QUEENS COUNTY CLERK 10/16/2020 11:07 AMI RECEIVED INDEX NO.
NYSCEF: 718837/2020
10/28/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/16/2020
directed escrow) monies received from any settlement agreement, as it was prior to a
determination of priority of liens by this Court; or
4. Directing Philadelphia Indemnity Insurance Company to issue a check for the
settlement amount of Ralph Mosca’s underlying action, to Sacco & Fillas, LLP, so that
liens and recovery may be satisfied as per the Court’s directive of priority; and
5. For such other and further relief that this Court deems just, proper, fair and equitable,
including the costs of this proceeding.
ORDERDD, that orokggttment is requestod-wHihe-petwifr^^
SUFFICIENT REASON APPEARING THEREFORE, letservice by certified mail, of a
A regular mail &
copy of this Order, together with the papers upon which it is granted, upon Respondent
Ralph Mosca, residing at 140-18 Ash Avenue, Apt. 6B, Flushing, NY 11355; upon
Respondent New York City Human Resources Administration, at the offices located at 4
World Trade Center, 150 Greenwich Street, 38lh Floor, New York, NY 10007; upon RSI
Recovery Services International, Inc.,at 1 Beaver Valley Road Ste 1 West, Wilmington,
DE 19803; upon Glofin Funding f/k/a Peak Funding Group AT 16905 Northcross Drive,
Ste. 300, Huntersville, NC 28078; and Philadelphia Indemnity Insurance Company at One
Bala Plaza 231 St. Asaphs Rd., Bala Cynwyd, PA 19004 on or before the 2nd________
day of November 2020, be deemed sufficient service.
* Ralph Mosca to contact the court via telephone at (718) 298-1737 or email atjmdorman@nycourts.gov
to discuss the ability to efile or appear via Microsoft Teams.
ENTER
I
Hon. Richard G. Latin, J.S.C.
'TitEO
2 of 2
Preview
FILED: QUEENS COUNTY CLERK 10/28/2020 12:29 PM INDEX NO. 718837/2020 NYSCEF [FILED:DOC. NO. 6 QUEENS COUNTY CLERK 10/16/2020 11:07 AM] RECEIVED INDEX NO. NYSCEF: 718837/2020 10/28/2020 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/16/2020 At an I.A.S. Part / Term 40 of the Sequence 1 Supreme Court of the State of New York, held in and for the County of Queens, at die at 88.11 Sutphin Blvdi, Jornoioa, Now York 11435, on the 26th day of October 1,2020. PRESENT: HON. RICHARD G. LATIN Justice of the Supreme Court X SACCO & FILLAS, LLP; Index No. 718837/2020 Petitioner, ORDER TO SHOW CAUSE -against- RALPH MOSCA, NEW YORK CITY HUMAN RESOURCES "FILED ADMINISTRATION, RSI RECOVERY SERVICES INTERNATIONAL, INC., GLOFIN FUNDING OCT 28 im F/K/A PEAK FUNDING GROUP AND PHILADELPHIA INDEMNITY INSURANCE COMPANY, Respondents. X Upon the annexed Petition/Affirmation of Hariharan Krishnaraj, Esq., dated October 12,2020, along with the exhibits annexed thereto and on all the proceedings had herein: LET the Respondents or Respondents’ attorneys show cause before this Court, at an IAS Part / Term 40 Ronnr UUI «to be heldlo^tted-at 1 Qulpliiu Dlvd., Jamaica, New York 1M35, on the JOth day of December , 2020, at 9:30 o’clock in the forenoon of that day, or as soon as counsel can be heard, WHY an Order for Declaratory Judgment should not be made and entered herein as follows: 1. Determining the priority of payment of liens on Respondent Ralph Mosca’s recovery in an underlying action; and 2. Fixing the purported claim/lien/right of payment of claimed lienholder Respondents, New York City Human Resources Administration, RSI Recovery Services International, Inc. and Glofin Funding f/k/a Peak Funding Group; and 3. Directing RSI Recovery Services International Inc. to return (or deposit into a Court 1 of 2 FILED: QUEENS COUNTY CLERK 10/28/2020 12:29 PM INDEX NO. 718837/2020 NYSCEF [FILED:DOC. NO. 6 QUEENS COUNTY CLERK 10/16/2020 11:07 AMI RECEIVED INDEX NO. NYSCEF: 718837/2020 10/28/2020 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/16/2020 directed escrow) monies received from any settlement agreement, as it was prior to a determination of priority of liens by this Court; or 4. Directing Philadelphia Indemnity Insurance Company to issue a check for the settlement amount of Ralph Mosca’s underlying action, to Sacco & Fillas, LLP, so that liens and recovery may be satisfied as per the Court’s directive of priority; and 5. For such other and further relief that this Court deems just, proper, fair and equitable, including the costs of this proceeding. ORDERDD, that orokggttment is requestod-wHihe-petwifr^^ SUFFICIENT REASON APPEARING THEREFORE, letservice by certified mail, of a A regular mail & copy of this Order, together with the papers upon which it is granted, upon Respondent Ralph Mosca, residing at 140-18 Ash Avenue, Apt. 6B, Flushing, NY 11355; upon Respondent New York City Human Resources Administration, at the offices located at 4 World Trade Center, 150 Greenwich Street, 38lh Floor, New York, NY 10007; upon RSI Recovery Services International, Inc.,at 1 Beaver Valley Road Ste 1 West, Wilmington, DE 19803; upon Glofin Funding f/k/a Peak Funding Group AT 16905 Northcross Drive, Ste. 300, Huntersville, NC 28078; and Philadelphia Indemnity Insurance Company at One Bala Plaza 231 St. Asaphs Rd., Bala Cynwyd, PA 19004 on or before the 2nd________ day of November 2020, be deemed sufficient service. * Ralph Mosca to contact the court via telephone at (718) 298-1737 or email atjmdorman@nycourts.gov to discuss the ability to efile or appear via Microsoft Teams. ENTER I Hon. Richard G. Latin, J.S.C. 'TitEO 2 of 2