Preview
FILED: MONROE COUNTY CLERK 10/16/2019 03:44 PM INDEX NO. E2018010809
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/16/2019
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2241400
Book Page CIVIL
Return To: No. Pages: 5
Maureen P. Ware
99 Exchange Blvd Instrument: MISCELLANEOUS DOCUMENT
Rochester, NY 14614
Control #: 201910161294
Index #: E2018010809
Date: 10/16/2019
DiMarzo, Christopher A Time: 3:29:28 PM
Village Crossing LLC
Micchia, Al
Total Fees Paid: $0.00
Employee: RR
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
ADAM J BELLO
MONROE COUNTY CLERK
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201910161294 Index #
INDEX : E2018010809
NO. E2018010809
FILED: MONROE COUNTY CLERK 10/16/2019 03:44 PM
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/16/2019
FILED: MONROE COUNTY CLERK 09/27/2019 10:29 AM INDEX NO. E2019010809
. NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/27/2019
At a special term of the
Supreme Court held in and
for the County of Monroe on
Aug. 27, 2019 at Hall of
Justice, Rochester, NY.
Present: Hon. J. Scott Odorisi
. J.S.C.
STATE OF NEW YORK
SUPREME COURT MONROE COUNTY
CHRISTOPHER A. DIMARZO AND VILLAGE CROSSING LLC,
Index No.: E2018010809
Plaintiff-Judgment Creditor ORDER
Vs.
AL MICCHIA,
Defendant-Judgment Debtor.
UPON reading the Plaintiff-Judgment Creditor's notice of motion pursuant to CPLR
§2308(a) dated July 2, 2019, and the affirmation of Andrew J. Dick, Esq. affirmed to on July 2,
2019 with attached exhibits, and
UPON hearing Andrew J. Dick, Esq., attorney for the Plaintiff-Judgment Creditor in
support of the Plaintiff-Judgment Creditor's motion on August 27, 2019, and
WHEREAS the Defendant-Judgment Al Micchia having been duly served with the
Plaintiff-Judgment Creditor's information subpoena with questionnaire, and
WHEREAS the Defendant-Judgment Debtor Al Micchia violated said subpoena by
failing to respond to same, and
WHEREAS the conduct of the Defendant-Judgment Debtor Al Micchia was calculated
to, and did actually defeat, impair, impede and prejudice the rights and remedies of the Plaintiff-
Judgment Creditor in that the Plaintiff-Judgment Creditor has been unable to obtain information ,
on matters relevant to the satisfaction of the judgment as authorized by law, and
THE DEFENDANT-JUDGMENT DEBTOR not having opposed the Plaintiff-Judgment
Creditor's motion or having appeared in court on August 27, 2019, and
UPON this Court's decision rendered from the bench on August 27, 2019, and attached
hereto, and
1
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201910161294 IndexNO.
INDEX #: E2018010809
E2018010809
FILED: MONROE COUNTY CLERK 10/16/2019 03:44 PM
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/16/2019
FILED: MONROE COUNTY CLERK 09/27/2019 10:29 A4 INDEX NO. E2018010809
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/27/2019
,
UPON due deliberation having been had, it is hereby
ORDERED, ADJUDGED AND DECREED that the motion is granted, and it is further
ORDERED, ADJUDGED AND DECREED that the Defendant-Judgment Debtor Al
Micchia shall respond to the Plaintiff-Judgment Creditor's information subpoena with
questionnaire in full within thirty (30) days of having received this order with notice of entry,
and it is further
ORDERED, ADJUDGED AND DECREED that upon the Defendant-Judgment Debtor
Al Micchia's failure to comply with this order, a future application for contempt against her may
be made, and it is further
ORDERED, ADJUDGED, AND DECREED that the Plaintiff-Judgment Creditor is
awarded $50.00 as costs in this matter per CPLR §2308(b)(1) which shall be added to the
judgment in this case, and it is further
ORDERED, ADJUDGED, AND DECREED that the Plaintiff-Judgment Creditor is
awarded $50.00 as a penalty in this matter per CPLR §2308(b)(1) which shall be added to the
judgment in this case, all for the attached reasons cited in the attached bench decision
incorporated herein.
Dated: Cib4.4 ad 20M
on. . Scott Odorisi
2
3 of 5
201910161294 IndexNO.
INDEX #: E2018010809
E2018010809
FILED: MONROE COUNTY CLERK 10/16/2019 03:44 PM
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/16/2019
FILED: MONROE COUNTY CLERK 09/27/2019 10:29 AM INDEX NO. E2019010809
. NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 69/27/2019
1 STATE OF NEW YORK COUNTY OF MONROE
2 SUPREME COURT CIVIL TERM
3 x Index#E2018010809'
CHRISTOPHER A. DIMARZO, et al,
4
Plaintiff,
5
-versus-
AL MICCHIA,
7
Defendant.
8 x Notice of Motion
9 Hall of Justice
Rochester, NY 14614
10 August 27, 2019
11
Presiding:
12
HONORABLE J. SCOTT ODORISI,
13 Supreme Court Justice
14
15
Appearance s:
16
ANDREW J. DICK, ESQ.
17 Attorney for the Plaintiff
Mark IV Enterprises, LLC.
18 301 Exchange Street
Suite 201
19 Rochester, NY 14608
20
21
22
Reported By:
23
24 JANINE J. VASCUKYNAS, CSR.
Senior Court Reporter
25
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201910161294 IndexNO.
INDEX #: E2018010809
E2018010809
FILED: MONROE COUNTY CLERK 10/16/2019 03:44 PM
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/16/2019
FILED: MONROE COUNTY CLERK 09/27/2019 10:29 AM INDEX NO. E2018010809
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/27/2019
DIMARZO -VS- MICCHIA 2
1 MR. DICK: DiMarzo versus Micchia.
2 THE COURT: The Court •is granting your
3 motion to -- well, I assume Al Micchia is not here?
4 Not checked in, it's ten after 11:00.
5 The judgment debtor is directed to comply
6 with the information subpoena by returning the
7 executed questionnaire within 30 days of receipt of
8 the notice of entry of the submitted order. Failure
9 to do so will result in a future contempt
10 application.
11 Judgment creditor is also entitled to a
12 $50 cost award and also a $50 penalty, both of which
13 shall be added to judgment.
14 Judgment creditor is directed to submit a
15 proposed order on notice to the judgment debtor
16 within 35 days with a copy of today's decision
17 transcript attached to it.
18 MR. DICK: Thank you.
19 THE COURT: All right. All set?
20 (Certified to be a true and accurate transcript of the
21 testimony of the above proceeding.)
22
VadOe_.4.1.--168.2ch
23 Janine J. Vascukynas, CSR.
Senior Court Reporter
24
25
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Preview
FILED: MONROE COUNTY CLERK 10/16/2019 03:44 PM INDEX NO. E2018010809 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/16/2019 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2241400 Book Page CIVIL Return To: No. Pages: 5 Maureen P. Ware 99 Exchange Blvd Instrument: MISCELLANEOUS DOCUMENT Rochester, NY 14614 Control #: 201910161294 Index #: E2018010809 Date: 10/16/2019 DiMarzo, Christopher A Time: 3:29:28 PM Village Crossing LLC Micchia, Al Total Fees Paid: $0.00 Employee: RR State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. ADAM J BELLO MONROE COUNTY CLERK 1 of 5 201910161294 Index # INDEX : E2018010809 NO. E2018010809 FILED: MONROE COUNTY CLERK 10/16/2019 03:44 PM NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/16/2019 FILED: MONROE COUNTY CLERK 09/27/2019 10:29 AM INDEX NO. E2019010809 . NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/27/2019 At a special term of the Supreme Court held in and for the County of Monroe on Aug. 27, 2019 at Hall of Justice, Rochester, NY. Present: Hon. J. Scott Odorisi . J.S.C. STATE OF NEW YORK SUPREME COURT MONROE COUNTY CHRISTOPHER A. DIMARZO AND VILLAGE CROSSING LLC, Index No.: E2018010809 Plaintiff-Judgment Creditor ORDER Vs. AL MICCHIA, Defendant-Judgment Debtor. UPON reading the Plaintiff-Judgment Creditor's notice of motion pursuant to CPLR §2308(a) dated July 2, 2019, and the affirmation of Andrew J. Dick, Esq. affirmed to on July 2, 2019 with attached exhibits, and UPON hearing Andrew J. Dick, Esq., attorney for the Plaintiff-Judgment Creditor in support of the Plaintiff-Judgment Creditor's motion on August 27, 2019, and WHEREAS the Defendant-Judgment Al Micchia having been duly served with the Plaintiff-Judgment Creditor's information subpoena with questionnaire, and WHEREAS the Defendant-Judgment Debtor Al Micchia violated said subpoena by failing to respond to same, and WHEREAS the conduct of the Defendant-Judgment Debtor Al Micchia was calculated to, and did actually defeat, impair, impede and prejudice the rights and remedies of the Plaintiff- Judgment Creditor in that the Plaintiff-Judgment Creditor has been unable to obtain information , on matters relevant to the satisfaction of the judgment as authorized by law, and THE DEFENDANT-JUDGMENT DEBTOR not having opposed the Plaintiff-Judgment Creditor's motion or having appeared in court on August 27, 2019, and UPON this Court's decision rendered from the bench on August 27, 2019, and attached hereto, and 1 2 of 5 201910161294 IndexNO. INDEX #: E2018010809 E2018010809 FILED: MONROE COUNTY CLERK 10/16/2019 03:44 PM NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/16/2019 FILED: MONROE COUNTY CLERK 09/27/2019 10:29 A4 INDEX NO. E2018010809 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/27/2019 , UPON due deliberation having been had, it is hereby ORDERED, ADJUDGED AND DECREED that the motion is granted, and it is further ORDERED, ADJUDGED AND DECREED that the Defendant-Judgment Debtor Al Micchia shall respond to the Plaintiff-Judgment Creditor's information subpoena with questionnaire in full within thirty (30) days of having received this order with notice of entry, and it is further ORDERED, ADJUDGED AND DECREED that upon the Defendant-Judgment Debtor Al Micchia's failure to comply with this order, a future application for contempt against her may be made, and it is further ORDERED, ADJUDGED, AND DECREED that the Plaintiff-Judgment Creditor is awarded $50.00 as costs in this matter per CPLR §2308(b)(1) which shall be added to the judgment in this case, and it is further ORDERED, ADJUDGED, AND DECREED that the Plaintiff-Judgment Creditor is awarded $50.00 as a penalty in this matter per CPLR §2308(b)(1) which shall be added to the judgment in this case, all for the attached reasons cited in the attached bench decision incorporated herein. Dated: Cib4.4 ad 20M on. . Scott Odorisi 2 3 of 5 201910161294 IndexNO. INDEX #: E2018010809 E2018010809 FILED: MONROE COUNTY CLERK 10/16/2019 03:44 PM NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/16/2019 FILED: MONROE COUNTY CLERK 09/27/2019 10:29 AM INDEX NO. E2019010809 . NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 69/27/2019 1 STATE OF NEW YORK COUNTY OF MONROE 2 SUPREME COURT CIVIL TERM 3 x Index#E2018010809' CHRISTOPHER A. DIMARZO, et al, 4 Plaintiff, 5 -versus- AL MICCHIA, 7 Defendant. 8 x Notice of Motion 9 Hall of Justice Rochester, NY 14614 10 August 27, 2019 11 Presiding: 12 HONORABLE J. SCOTT ODORISI, 13 Supreme Court Justice 14 15 Appearance s: 16 ANDREW J. DICK, ESQ. 17 Attorney for the Plaintiff Mark IV Enterprises, LLC. 18 301 Exchange Street Suite 201 19 Rochester, NY 14608 20 21 22 Reported By: 23 24 JANINE J. VASCUKYNAS, CSR. Senior Court Reporter 25 4 of 5 201910161294 IndexNO. INDEX #: E2018010809 E2018010809 FILED: MONROE COUNTY CLERK 10/16/2019 03:44 PM NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/16/2019 FILED: MONROE COUNTY CLERK 09/27/2019 10:29 AM INDEX NO. E2018010809 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/27/2019 DIMARZO -VS- MICCHIA 2 1 MR. DICK: DiMarzo versus Micchia. 2 THE COURT: The Court •is granting your 3 motion to -- well, I assume Al Micchia is not here? 4 Not checked in, it's ten after 11:00. 5 The judgment debtor is directed to comply 6 with the information subpoena by returning the 7 executed questionnaire within 30 days of receipt of 8 the notice of entry of the submitted order. Failure 9 to do so will result in a future contempt 10 application. 11 Judgment creditor is also entitled to a 12 $50 cost award and also a $50 penalty, both of which 13 shall be added to judgment. 14 Judgment creditor is directed to submit a 15 proposed order on notice to the judgment debtor 16 within 35 days with a copy of today's decision 17 transcript attached to it. 18 MR. DICK: Thank you. 19 THE COURT: All right. All set? 20 (Certified to be a true and accurate transcript of the 21 testimony of the above proceeding.) 22 VadOe_.4.1.--168.2ch 23 Janine J. Vascukynas, CSR. Senior Court Reporter 24 25 5 of 5