Preview
iD: ON OUN NK *qdq AW INDEX NO. EF2021-00001543
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/10/2022
EXHIBITD
INDEX NO. EF2021-00001543
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 09/18/2022
At Special Term of the Supreme Court of the
221 SEP 13 PH 2:15 State of New York, Jefferson County, at the
Jefferson County courthouse, 317 Washington
Street, Watertown, New York, on this day
of September, 2021
SUPREME COURT STATE OF NEW YORK
COUNTY OF JEFFERSON
DAVID BARKER, Index No.: EF2021-00001543
Plaintiff,
ORDER TO SHOW CAUSE
Vv TO WITHDRAW AS
ATTORNEYS
ANTHONY V. GERVERA, AMANDA D.
GERVERA, and FARM CREDIT EAST, ACA,
Defendants.
STATE OF NEW YORK
SUPREME COURT COUNTY OF OSWEGO
DAVID BARKER,
Index No. EFC-2021-0911
Plaintiff,
Vv.
ANTHONY V. GERVERA, AMANDA D. GERVERA, ’
and FARM CREDIT EAST, ACA,
Defendants.
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INDEX NO. EF2021-00001543
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 09/18/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF JEFFERSON
DAVID BARKER,
Plaintiff, Index No.: EF2021-00002130
Vv,
RICHARD K. CHAMPNEY, Individually and as
Agent, Officer and/or Shareholder of RICHARD K.
CHAMPNEY, P.C., and RICHARD K.
CHAMPNEY, P.C.,
Defendants.
UPON READING AND FILING the Affirmation of Julian B. Modesti, dated
September 13, 2021, and no prior application having been made for the relief requested
herein:
LET, the Plaintiff, David Barker (‘Plaintiff’) show cause before the Hon. James
P. McClusky, J.S.C. of the Supreme Court of the State of New York, County of Jefferson,
317 Washington Street, Watertown, New York on_ the 2. day of
ViATUALLY PURSUANT TO THE ATTACHED
© ctoby 2021 at 9240 a.m./psa., or as soon thereafter as Plaintiff insthuction
can be heard, why an Order should not be issued, pursuant to CPLR 321(b)(2) and Rule
of Professional Conduct 1.16 (22 NYCRR 1200), granting the following relief:
1 relieving Harris Beach PLLC as attorneys for Plaintiff, David Barker, in
the following actions (collectively, “Three Actions”):
A Barker v. Gervera, et al.
Supreme Court, County of Jefferson (Index No.: EF2021-00001543);
2 0f 5
INDEX NO. EF2021-00001543
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 09/18/2022
Barker v. Gervera, et al.
Supreme Court, County of Oswego (Index No.: EFC-2021-0911);
and
Barker v. Champney et al.
Supreme Court, County of Jefferson (Index No.: EF2021-00001543).
staying all proceedings in the Three Actions until further Order of this
Court;
providing Plaintiff, David Barker, 60 days from the service of the Court’s
Order with notice of entry in the Three Actions to retain a new attorney(s) and have his
new attorney(s) efile a notice of appearance in the Three Actions;
4 extending the deadline for Plaintiff, David Barker to serve a Complaint
upon Defendants in Barker v. Gervera, et al., Supreme Court, County of Jefferson (Index
No.: EF2021-00001543), and in Barker v. Gervera, et al., Supreme Court, County of
Oswego (Index No.: EFC-2021-0911), to 30 days after his new attorney cfiles his or her
notice of appearance in those actions; and
5 for such other and further relief as the Court may deem just and proper.
IT IS HEREBY ORDERED that pending the hearing of this application, all
deadlines and proceedings in the Three Actions are STAYED, pursuant to CPLR 2201,
until further order of this Court.
IT IS HEREBY FURTHER ORDERED that a copy of this Order, together with
the papers upon which it is granted, shall be (1) served by Fed Ex, overnight delivery,
and by U.S. Mail, on Plaintiff at his principal residence at 80 North Church Road,
Lacona, New York 13083, by © 2 » 2021; (2) served upon all
3 0f 5
INDEX NO. EF2021-00001543
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 09/18/2022
counsel appearing in the Three Actions via NYSCEF; and (3) served by email to both
David Antonucci, Esq. (antonlaws@nnymail.com) and Richard K. Champney, Esq.
(rkc@gisco.net), for the purposes of putting Richard K. Champney on notice of the
application; and
IT IS HEREBY FURTHER ORDERED that Plaintiff shall file with the Court
by U.S. Mail, and serve any response papers on Harris Beach PLLC by U.S. Mail, by
Geka ber B® , 2021; and
IT IS HEREBY FURTHER ORDERED that for the sake of judicial efficiency,
Harris Beach PLLC and Plaintiff are permitted to file papers in the Three Actions under
the combined caption above.
Dated: September B » 2021 ENTIERE
Vy
Watertown, New York
Hon. James P. Mc lusky, J.S.C.
4o0f 5
INDEX NO. EF2021-00001543
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 09/18/2022
VIRTUAL APPEARANCE USING MICROSOFT TEAMS
The Order to Show Cause will be heard virtually on October 21, 2021at 9:30
a.m. in calendar call fashion using Microsoft Teams. Please provide your email address
to bwright@nycourts.gov so that the Teams invitation can be sent to you. The Teams
meeting will be sent to the email addresses n file approximately one week prior to the
Court date.
If you do not have the ability to join the motion calendar using Microsoft Teams
you can participate by phone.
To join by phone please dial either: Toll free number: 833-262-7886 or toll
number: 1-347-378-4143 and enter Conference Identification number 106 784
825 followed by the pound sign.
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Preview
iD: ON OUN NK *qdq AW INDEX NO. EF2021-00001543 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/10/2022 EXHIBITD INDEX NO. EF2021-00001543 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 09/18/2022 At Special Term of the Supreme Court of the 221 SEP 13 PH 2:15 State of New York, Jefferson County, at the Jefferson County courthouse, 317 Washington Street, Watertown, New York, on this day of September, 2021 SUPREME COURT STATE OF NEW YORK COUNTY OF JEFFERSON DAVID BARKER, Index No.: EF2021-00001543 Plaintiff, ORDER TO SHOW CAUSE Vv TO WITHDRAW AS ATTORNEYS ANTHONY V. GERVERA, AMANDA D. GERVERA, and FARM CREDIT EAST, ACA, Defendants. STATE OF NEW YORK SUPREME COURT COUNTY OF OSWEGO DAVID BARKER, Index No. EFC-2021-0911 Plaintiff, Vv. ANTHONY V. GERVERA, AMANDA D. GERVERA, ’ and FARM CREDIT EAST, ACA, Defendants. lof 5 INDEX NO. EF2021-00001543 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 09/18/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF JEFFERSON DAVID BARKER, Plaintiff, Index No.: EF2021-00002130 Vv, RICHARD K. CHAMPNEY, Individually and as Agent, Officer and/or Shareholder of RICHARD K. CHAMPNEY, P.C., and RICHARD K. CHAMPNEY, P.C., Defendants. UPON READING AND FILING the Affirmation of Julian B. Modesti, dated September 13, 2021, and no prior application having been made for the relief requested herein: LET, the Plaintiff, David Barker (‘Plaintiff’) show cause before the Hon. James P. McClusky, J.S.C. of the Supreme Court of the State of New York, County of Jefferson, 317 Washington Street, Watertown, New York on_ the 2. day of ViATUALLY PURSUANT TO THE ATTACHED © ctoby 2021 at 9240 a.m./psa., or as soon thereafter as Plaintiff insthuction can be heard, why an Order should not be issued, pursuant to CPLR 321(b)(2) and Rule of Professional Conduct 1.16 (22 NYCRR 1200), granting the following relief: 1 relieving Harris Beach PLLC as attorneys for Plaintiff, David Barker, in the following actions (collectively, “Three Actions”): A Barker v. Gervera, et al. Supreme Court, County of Jefferson (Index No.: EF2021-00001543); 2 0f 5 INDEX NO. EF2021-00001543 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 09/18/2022 Barker v. Gervera, et al. Supreme Court, County of Oswego (Index No.: EFC-2021-0911); and Barker v. Champney et al. Supreme Court, County of Jefferson (Index No.: EF2021-00001543). staying all proceedings in the Three Actions until further Order of this Court; providing Plaintiff, David Barker, 60 days from the service of the Court’s Order with notice of entry in the Three Actions to retain a new attorney(s) and have his new attorney(s) efile a notice of appearance in the Three Actions; 4 extending the deadline for Plaintiff, David Barker to serve a Complaint upon Defendants in Barker v. Gervera, et al., Supreme Court, County of Jefferson (Index No.: EF2021-00001543), and in Barker v. Gervera, et al., Supreme Court, County of Oswego (Index No.: EFC-2021-0911), to 30 days after his new attorney cfiles his or her notice of appearance in those actions; and 5 for such other and further relief as the Court may deem just and proper. IT IS HEREBY ORDERED that pending the hearing of this application, all deadlines and proceedings in the Three Actions are STAYED, pursuant to CPLR 2201, until further order of this Court. IT IS HEREBY FURTHER ORDERED that a copy of this Order, together with the papers upon which it is granted, shall be (1) served by Fed Ex, overnight delivery, and by U.S. Mail, on Plaintiff at his principal residence at 80 North Church Road, Lacona, New York 13083, by © 2 » 2021; (2) served upon all 3 0f 5 INDEX NO. EF2021-00001543 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 09/18/2022 counsel appearing in the Three Actions via NYSCEF; and (3) served by email to both David Antonucci, Esq. (antonlaws@nnymail.com) and Richard K. Champney, Esq. (rkc@gisco.net), for the purposes of putting Richard K. Champney on notice of the application; and IT IS HEREBY FURTHER ORDERED that Plaintiff shall file with the Court by U.S. Mail, and serve any response papers on Harris Beach PLLC by U.S. Mail, by Geka ber B® , 2021; and IT IS HEREBY FURTHER ORDERED that for the sake of judicial efficiency, Harris Beach PLLC and Plaintiff are permitted to file papers in the Three Actions under the combined caption above. Dated: September B » 2021 ENTIERE Vy Watertown, New York Hon. James P. Mc lusky, J.S.C. 4o0f 5 INDEX NO. EF2021-00001543 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 09/18/2022 VIRTUAL APPEARANCE USING MICROSOFT TEAMS The Order to Show Cause will be heard virtually on October 21, 2021at 9:30 a.m. in calendar call fashion using Microsoft Teams. Please provide your email address to bwright@nycourts.gov so that the Teams invitation can be sent to you. The Teams meeting will be sent to the email addresses n file approximately one week prior to the Court date. If you do not have the ability to join the motion calendar using Microsoft Teams you can participate by phone. To join by phone please dial either: Toll free number: 833-262-7886 or toll number: 1-347-378-4143 and enter Conference Identification number 106 784 825 followed by the pound sign. 5 of 5