On August 17, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
New York State Department Of Environmental Conservation,
State Of New York,
and
James C. Stevens Iii,
for Tort
in the District Court of Cortland County.
Preview
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FILED: CORTLAND COUNTY CLERK 04/16/2018 04:08 PM INDEX
INDEX NO.NO. EFl4-553
EF14-553
NYSCEF
NYǧEjfL
DOC.:.
~
NO. 355
IGGR3M1AND COUNTY CLERK 12 /09/2017 11: 01
RECEIVED [qf§@JFNO.0†j¼(1/.
RECEIVED NYSCEF: 04/16/2018 8
AM|
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 12/09/2017
STATE OF NEW YORK : SUPREME COURT
COUNTY OF CORTLAND
"xx
STATE OF NEW YORK and the NEW YORK
STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION,
NOTICE OF MOTION.
0'
Plaintiffs. Index No.: EF14-553
-vs-
. JAMES C. STEVENS, III,and LAWRENCE G. HILL, III
. Defendants.
PLEASE TAKE NOTICE that upon the annexed Affidavit of James C. Stevens, 111
.
sworn to the 8th day of December, 2017, with Exhibits A and 8 annexed thereto, and the
Memorandum of Law dated December 8, 2017, with Exhibits A-F annexed thereto, and upon all
prior pleadings and proceedings had herein, James C. Stevens, IIIwill move this Court before the
COgSNP5 A C C60gtL&H
ggr@obgsH,&ggcg; INQg, Qg@l4$
QA~D),ltJ5 p/
Hon. Jeffrey A. Tait at the Baome County Supreme Courthouse,9 Court-Street-hghamton,
».2SS .- 201 //. ~ o'
&vrYm1rl$902, on the d ay of. at
.at clock in the
fore/af4ernoon of that day, or as soon thereafter as counsel can be heard, for an Order vacating the
Court's April 25, 2016 Decision and Order on Civil and Criminal Contempt and further vacating
the Court's December 15, 2015 Decision and Order granting plaintiff partial summary judgment
and dismissing certain affirmative defenses of defendant Stevens, and for such other and further
relief as this Court deems just and proper.
PLF,ASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering
affidavits, ifany, are required to be served upon the undersigned at least seven (7) days before
+ 2016196339 EF14-553
04/16/201804:08:09PM
Pages2
RECElVED ;g;=°;gg°gg=°s°)
Larkin,CountyClerk
Elizabeth
12/09/17 t or 2
11 of
of 22
FILED: CORTLAND COUNTY CLERK 04/16/2018 04:08 PM INDEX
INDEX NO.NO. EFl4-553
EF14-553
NYSCEF DOC. CORTEAND
NO. 355 RÊ È fÈ
RECEIVED R]5gWI[q0.0tt•3101/.8838
NYSCEF: 04/16/2018
NYE|LGLEB2 COUNTY Ï 12/09/2017 11:01 AM|
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 12/09/2017
the return date of this motion..
,r 7
Dated: December 8, 2017 n<
Binghamton, New York
;.r
;,r
.'
.
Mr~~v
~P
Rohald R. Benjaniiñ
Law Office of Ronald R. Benjamin
Attorney for Defendant James C. Stevens, ill
126 Riverside Drive, P.O. Box 607
Binghamton, NY 13902
(607)772-1442
TO;i Joseph M. Esq.
Kowalczyk,
State of New York
Office of the Attorney General
The Capitol
Albany,New York12224-0341
.
2 of 2
22 of
of 22
Document Filed Date
April 16, 2018
Case Filing Date
August 17, 2014
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Preview
†FILED: CORTLAND COUNTY CLERK 04/16/2018 04:08 PM INDEX INDEX NO.NO. EFl4-553 EF14-553 NYSCEF NYǧEjfL DOC.:. ~ NO. 355 IGGR3M1AND COUNTY CLERK 12 /09/2017 11: 01 RECEIVED [qf§@JFNO.0†j¼(1/. RECEIVED NYSCEF: 04/16/2018 8 AM| NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 12/09/2017 STATE OF NEW YORK : SUPREME COURT COUNTY OF CORTLAND "xx STATE OF NEW YORK and the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, NOTICE OF MOTION. 0' Plaintiffs. Index No.: EF14-553 -vs- . JAMES C. STEVENS, III,and LAWRENCE G. HILL, III . Defendants. PLEASE TAKE NOTICE that upon the annexed Affidavit of James C. Stevens, 111 . sworn to the 8th day of December, 2017, with Exhibits A and 8 annexed thereto, and the Memorandum of Law dated December 8, 2017, with Exhibits A-F annexed thereto, and upon all prior pleadings and proceedings had herein, James C. Stevens, IIIwill move this Court before the COgSNP5 A C C60gtL&H ggr@obgsH,&ggcg; INQg, Qg@l4$ QA~D),ltJ5 p/ Hon. Jeffrey A. Tait at the Baome County Supreme Courthouse,9 Court-Street-hghamton, ».2SS .- 201 //. ~ o' &vrYm1rl$902, on the d ay of. at .at clock in the fore/af4ernoon of that day, or as soon thereafter as counsel can be heard, for an Order vacating the Court's April 25, 2016 Decision and Order on Civil and Criminal Contempt and further vacating the Court's December 15, 2015 Decision and Order granting plaintiff partial summary judgment and dismissing certain affirmative defenses of defendant Stevens, and for such other and further relief as this Court deems just and proper. PLF,ASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering affidavits, ifany, are required to be served upon the undersigned at least seven (7) days before + 2016196339 EF14-553 04/16/201804:08:09PM Pages2 RECElVED ;g;=°;gg°gg=°s°) Larkin,CountyClerk Elizabeth 12/09/17 t or 2 11 of of 22 FILED: CORTLAND COUNTY CLERK 04/16/2018 04:08 PM INDEX INDEX NO.NO. EFl4-553 EF14-553 NYSCEF DOC. CORTEAND NO. 355 RÊ È fÈ RECEIVED R]5gWI[q0.0tt•3101/.8838 NYSCEF: 04/16/2018 NYE|LGLEB2 COUNTY Ï 12/09/2017 11:01 AM| NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 12/09/2017 the return date of this motion.. ,r 7 Dated: December 8, 2017 n< Binghamton, New York ;.r ;,r .' . Mr~~v ~P Rohald R. Benjaniiñ Law Office of Ronald R. Benjamin Attorney for Defendant James C. Stevens, ill 126 Riverside Drive, P.O. Box 607 Binghamton, NY 13902 (607)772-1442 TO;i Joseph M. Esq. Kowalczyk, State of New York Office of the Attorney General The Capitol Albany,New York12224-0341 . 2 of 2 22 of of 22