Preview
FILED: SUFFOLK COUNTY CLERK 12/24/2018 09:18 AM INDEX NO. 616392/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/24/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------- ------------X
COUNTY OF SUFFOLK, E-Filed Case
Index no.: 616392/2018
Plaintiff, (Pastoressa, J.)
-against- AFFIRMATION SUPPORT
IN
SWEET HILL STABLES, INC., LOUISE PRIVITERA,
individually, and as President of Sweet Hills Stables, Inc.,
KRIS/D/LYNE CONTRACTING CORP., KRISTINE
RAFFETTO, individually and as President of Kris/D/Lyne
Contracting Corp., LJM GARDENS, LLC, MARC CALI,
Individually and as sole member of LJM GARDENS, LLC,
BENIMAX, INC., and STANLEY MORABITO,
Individually and as President of Benimax, Inc.,
Defendants.
...--..------.._________ ---X
Randy Zelin, an attorney duly admitted to practice law before the Courts of the State of New
York, affirms under penalty of perjury pursuant to CPLR §2106:
1. I am the principal of Randy Scott Zelin P.C., attorneys of record for defand-ts LJM
Gardens, LLC ("LJM") and Marc Cali ("Cali") collectively the "LJM Defeñdants"). I am fully
fa-mihar with the facts contained in my affirmation, except where I state that my knowledge is based
upon information and belief. In that case I believe the matter asserted to be true.
2. This affirmation is offered to respectfully request an exteñsion of time for the LJM
Defeñdañts to interpose an answer or to make a motion with respect to plaintiff's complaint. While
plaintiff's counsel has not rejected a request from the LJM Defendants for an extension of time and
Defendants'
the parties have previously entered into stipulations extending the LJM time to answer
plaintiffs'
or move, I realized that the last stipulation expired, and counsel is out of the office for the
holidays.
3. It isrespectfully submitted that good cause and a reasonable excuse exists for the
granting of this application.
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FILED: SUFFOLK COUNTY CLERK 12/24/2018 09:18 AM INDEX NO. 616392/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/24/2018
PROCEDURAL HISTORY
Defeñdâñts'
4. backwards, the LJM most recent extension of time to answer
Working
or to make a motion with respect to the complaint expired on December 2018 (Doc. #39). Prior
9,
to that, plaintiff and the LJM Dafandants had agreed to extensions of time for the LJM Defeadca+•
to answer or move (Doc. #s 10, 31).
5. Plaintiffs complaint was filed on August 20, 2018 (Docs. #1-7).
6. Plaintiffs complaint arises from the same facts and circumstances in the parallel
criminal pro mag People v. LJM Gardens, LLC, a criminal matter in the
presently pending County
Court, Suffolk County, before the Hon. Stephen L. Braslow (see Doc. #7 hereinâfter referred to as
the "Parallel Criminal Pre =dhg"). LJM has entered a plea of pursuant to a Plea Agreement
guilty
(Doc. #7) and the Parallel Criminal has been before Judge Braslow two (2) to
Proceeding every
three (3) weeks for a status conference pending sentencia_g pursuant to the Plea Agreement. The
Parallel Crimiñal was last before Judge Braslow just the other -- December 2018
Proceeding day 21,
and was adjourned to January 10, 2019 for another status conference.
THE REASON FOR THIS APPLICATION AND THE SHOWING OF GOOD CAUSE
AND A JUSTIFIABLE EXCUSE FOR THE NEED FOR TEIIS APPLICATION
7. The Parallel Criminal Matter has been adjourned for short periods of time because
the LJM Defeñdañts have been responsible for cleaning up the West Hills County Park (the "Park")
pursuant to the Plea together with financial support from defendants Sweet Hills
Agreement,
Stables, Inc., and Kris/D/Lyne Contracting Corp. The Court, the District Attorney's Office,
plaintiff, the Suffolk County Department of Public Works ("Suffolk County DPW") and the New
York State Department of Environmental Conservation are the clean-
"DEC") closely monitoring
(to the least). In fact, an from plaintiff and representatives of the Suffolk County
up say attorney
DPW attend every conference in the Parallel Criminal Proceeding.
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FILED: SUFFOLK COUNTY CLERK 12/24/2018 09:18 AM INDEX NO. 616392/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/24/2018
8. As an officer of the court, I can state that allparties are pleased with the
affirmatively
progress of the clean-up. At thispast Friday's conference (which was held before Judge Braslow
and in addition to the District Attorney's Office, counsel from plaintiff was present with
along
repr-ñüdves from the Suffolk County DPW), itwas agreed that the conference would be
adjourned to January 10, 2019 because itis anticipated that the will be complete (or just
clean-up
about completed) by the time of the 10, 2019 conference.
January
9. It has been discussed with Judge Braslow, plaintiffand the District Attorney's
Office, that a global settlement is possible such that the instant action would be resolved alongside
the Parallel Criminal as to the LJM Defendants as well as the Sweet Hills Stables, Inc.,
Proceediñg
and Kris/D/Lyne Corp. ddaadants (and their individual principals). Of course, until a
Contracting
settlement is entered into, this is a litigation and as much as my clients and I are committed
pending
to a global resolution, my clients do have a good-faith legalbasis to answer or to move with respect
to the complaint if this matter is not settled, including, by of example, a motion for a stay of the
way
civil action based upon the Parallel Criminal Proceedj_ag.
10. said that, I forgot that when I made the last request of the plaintiff for an
Having
exe= im of plaintiff's counsel was at that time to extend the time beyond December
time, unwilling
9, 2018. Therefore, while things are in the right direction and I'm very hopeful that this
moving
Defendants'
action will be resolved amicably, whnicâ1ly, the LJM time to answer or move with
respect to the complaint has expired, and I cannot get in touch with plaintiff'scounsel until after the
Christmas since counsel is out of the office (see Exhibit A).
11oliday
11. It isfor these reasons that defendants LJM Gardens LLC and Marc Cali respectfully
request that the Court exercise itsdiscretion and extend their time to answer or to make a motion
with respect to the complaint.
12. No prior application for this relief has been made.
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FILED: SUFFOLK COUNTY CLERK 12/24/2018 09:18 AM INDEX NO. 616392/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/24/2018
WHEREFORE, defendants LJM Gardens LLC and Marc Cali respectfully request that an
Order be entered pursuant to CPLR §3012(d) and §2004 extending their time to answer or to make
a motion with respect to the complaint dated August 20, 2018, and that they be granted such other
and further relief as this Court deems just and proper.
Dated: New York, New York
December 23, 2018
Randy Zelin
Randy Scott elin .C.
32"d
747 Third Ave., Fl.
New York, N.Y. 10022
212.897.9100 (T)
212.656.1118 (F)
rsz@rszpc.com
Attorneys for Defendants
LJM GARDENS, LLC and MARC CALI
To:
Lisa Azzato
Dennis M. Brown, Suffolk County Attorney
H. Lee Dennison Building
100 Veteran's Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788
631.853.4846 (T)
Attorneys for Plaintly
All Counsel for Defendants
Remaining
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Preview
FILED: SUFFOLK COUNTY CLERK 12/24/2018 09:18 AM INDEX NO. 616392/2018 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/24/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------- ------------X COUNTY OF SUFFOLK, E-Filed Case Index no.: 616392/2018 Plaintiff, (Pastoressa, J.) -against- AFFIRMATION SUPPORT IN SWEET HILL STABLES, INC., LOUISE PRIVITERA, individually, and as President of Sweet Hills Stables, Inc., KRIS/D/LYNE CONTRACTING CORP., KRISTINE RAFFETTO, individually and as President of Kris/D/Lyne Contracting Corp., LJM GARDENS, LLC, MARC CALI, Individually and as sole member of LJM GARDENS, LLC, BENIMAX, INC., and STANLEY MORABITO, Individually and as President of Benimax, Inc., Defendants. ...--..------.._________ ---X Randy Zelin, an attorney duly admitted to practice law before the Courts of the State of New York, affirms under penalty of perjury pursuant to CPLR §2106: 1. I am the principal of Randy Scott Zelin P.C., attorneys of record for defand-ts LJM Gardens, LLC ("LJM") and Marc Cali ("Cali") collectively the "LJM Defeñdants"). I am fully fa-mihar with the facts contained in my affirmation, except where I state that my knowledge is based upon information and belief. In that case I believe the matter asserted to be true. 2. This affirmation is offered to respectfully request an exteñsion of time for the LJM Defeñdañts to interpose an answer or to make a motion with respect to plaintiff's complaint. While plaintiff's counsel has not rejected a request from the LJM Defendants for an extension of time and Defendants' the parties have previously entered into stipulations extending the LJM time to answer plaintiffs' or move, I realized that the last stipulation expired, and counsel is out of the office for the holidays. 3. It isrespectfully submitted that good cause and a reasonable excuse exists for the granting of this application. 1 1 of 4 FILED: SUFFOLK COUNTY CLERK 12/24/2018 09:18 AM INDEX NO. 616392/2018 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/24/2018 PROCEDURAL HISTORY Defeñdâñts' 4. backwards, the LJM most recent extension of time to answer Working or to make a motion with respect to the complaint expired on December 2018 (Doc. #39). Prior 9, to that, plaintiff and the LJM Dafandants had agreed to extensions of time for the LJM Defeadca+• to answer or move (Doc. #s 10, 31). 5. Plaintiffs complaint was filed on August 20, 2018 (Docs. #1-7). 6. Plaintiffs complaint arises from the same facts and circumstances in the parallel criminal pro mag People v. LJM Gardens, LLC, a criminal matter in the presently pending County Court, Suffolk County, before the Hon. Stephen L. Braslow (see Doc. #7 hereinâfter referred to as the "Parallel Criminal Pre =dhg"). LJM has entered a plea of pursuant to a Plea Agreement guilty (Doc. #7) and the Parallel Criminal has been before Judge Braslow two (2) to Proceeding every three (3) weeks for a status conference pending sentencia_g pursuant to the Plea Agreement. The Parallel Crimiñal was last before Judge Braslow just the other -- December 2018 Proceeding day 21, and was adjourned to January 10, 2019 for another status conference. THE REASON FOR THIS APPLICATION AND THE SHOWING OF GOOD CAUSE AND A JUSTIFIABLE EXCUSE FOR THE NEED FOR TEIIS APPLICATION 7. The Parallel Criminal Matter has been adjourned for short periods of time because the LJM Defeñdañts have been responsible for cleaning up the West Hills County Park (the "Park") pursuant to the Plea together with financial support from defendants Sweet Hills Agreement, Stables, Inc., and Kris/D/Lyne Contracting Corp. The Court, the District Attorney's Office, plaintiff, the Suffolk County Department of Public Works ("Suffolk County DPW") and the New York State Department of Environmental Conservation are the clean- "DEC") closely monitoring (to the least). In fact, an from plaintiff and representatives of the Suffolk County up say attorney DPW attend every conference in the Parallel Criminal Proceeding. 2 2 of 4 FILED: SUFFOLK COUNTY CLERK 12/24/2018 09:18 AM INDEX NO. 616392/2018 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/24/2018 8. As an officer of the court, I can state that allparties are pleased with the affirmatively progress of the clean-up. At thispast Friday's conference (which was held before Judge Braslow and in addition to the District Attorney's Office, counsel from plaintiff was present with along repr-ñüdves from the Suffolk County DPW), itwas agreed that the conference would be adjourned to January 10, 2019 because itis anticipated that the will be complete (or just clean-up about completed) by the time of the 10, 2019 conference. January 9. It has been discussed with Judge Braslow, plaintiffand the District Attorney's Office, that a global settlement is possible such that the instant action would be resolved alongside the Parallel Criminal as to the LJM Defendants as well as the Sweet Hills Stables, Inc., Proceediñg and Kris/D/Lyne Corp. ddaadants (and their individual principals). Of course, until a Contracting settlement is entered into, this is a litigation and as much as my clients and I are committed pending to a global resolution, my clients do have a good-faith legalbasis to answer or to move with respect to the complaint if this matter is not settled, including, by of example, a motion for a stay of the way civil action based upon the Parallel Criminal Proceedj_ag. 10. said that, I forgot that when I made the last request of the plaintiff for an Having exe= im of plaintiff's counsel was at that time to extend the time beyond December time, unwilling 9, 2018. Therefore, while things are in the right direction and I'm very hopeful that this moving Defendants' action will be resolved amicably, whnicâ1ly, the LJM time to answer or move with respect to the complaint has expired, and I cannot get in touch with plaintiff'scounsel until after the Christmas since counsel is out of the office (see Exhibit A). 11oliday 11. It isfor these reasons that defendants LJM Gardens LLC and Marc Cali respectfully request that the Court exercise itsdiscretion and extend their time to answer or to make a motion with respect to the complaint. 12. No prior application for this relief has been made. 3 3 of 4 FILED: SUFFOLK COUNTY CLERK 12/24/2018 09:18 AM INDEX NO. 616392/2018 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/24/2018 WHEREFORE, defendants LJM Gardens LLC and Marc Cali respectfully request that an Order be entered pursuant to CPLR §3012(d) and §2004 extending their time to answer or to make a motion with respect to the complaint dated August 20, 2018, and that they be granted such other and further relief as this Court deems just and proper. Dated: New York, New York December 23, 2018 Randy Zelin Randy Scott elin .C. 32"d 747 Third Ave., Fl. New York, N.Y. 10022 212.897.9100 (T) 212.656.1118 (F) rsz@rszpc.com Attorneys for Defendants LJM GARDENS, LLC and MARC CALI To: Lisa Azzato Dennis M. Brown, Suffolk County Attorney H. Lee Dennison Building 100 Veteran's Memorial Highway P.O. Box 6100 Hauppauge, New York 11788 631.853.4846 (T) Attorneys for Plaintly All Counsel for Defendants Remaining 4 4 of 4