On January 01, 2018 a
Letter,Correspondence
was filed
involving a dispute between
Gurney'S Innb Resort & Spa, Ltd., A New York Corporation,
and
Alan Sparks,
Anthony Carbone,
Christine Lauria,
Dolly Wander Irrevocable Trust,
George Rosenfeld Inc.,
Janice Katz,
Janice Scansaroli,
Jay Scansaroli,
Joseph Scognamiglio,
Kevin Cotter,
Lorraine Ferretti,
Marcia Ruskin,
Michael Giordano,
Nancy Arzanipour,
Neil Carbone,
Neil Carboone Irrevocable Trust,
Patricia Frank-Janewicz,
Paul Arzanipour,
Systematci Control Corp.,
Vito Vitrano,
for Commercial Division
in the District Court of New York County.
Preview
GreenbergTraurig
Daniel R. Milstein
Tel. 212.801.6495
MilsteinD@gtlaw.com
January 17, 2019
By ECF and Hand Delivery
Hon. Barry R. Ostrager, J.S.C.
Supreme Court of the State of New York
County of New York
60 Centre Street, Room 232
New York, New York 10007
Re: In the Matter of the Application of Gurney's Inn Resort & Spa, Ltd.
(New York County Index No. 154466/2018)
Dear Justice Ostrager:
We write as counsel to petitioners Gurney's Inn Resort & Spa, Ltd. ("Gurney's") because,
respondents' attorneys'
rather than follow the Court's directives for submitting request for fees
respondents'
directly to the Court, counsel, Lee Squitieri, Esq., has e-filed a "Motion for Award
Interests"
of Fees, Costs and returnable in Room 130 on February 13, 2019.
The Court's December 21, 2018 decision and order determining the fair value of
respondents'
shares did not authorize such a motion. The order states that "[c]ounsel may submit
an affirmation and invoices by January 15, 2019, and Gurney's may commeñt by January 31,
2019."
No doubt counsel hopes by making a motion, he will have an opportunity to submit reply
papers not authorized by the Court's clear directions.
Consequently, we respectfully request that the Court direct withdrawal of the foregoing
motion and submission of respondent's fee application directly to the Court in accordance with its
21st
December order.
Respect Ily submitted,
Daniel R. Mil in, Esq.
cc: Lee Squitieri, Esq. (via ecf)
GREENBERG TRAURIG,LLP • ATTORNEYSAT LAW • WWW.GTLAW.COM
MetLife Building •
200 ParkAvenue • Tel 212.8019200•
New York, NY 10166 • Fax212.8016400
Document Filed Date
January 17, 2019
Case Filing Date
January 01, 2018
Category
Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
GreenbergTraurig Daniel R. Milstein Tel. 212.801.6495 MilsteinD@gtlaw.com January 17, 2019 By ECF and Hand Delivery Hon. Barry R. Ostrager, J.S.C. Supreme Court of the State of New York County of New York 60 Centre Street, Room 232 New York, New York 10007 Re: In the Matter of the Application of Gurney's Inn Resort & Spa, Ltd. (New York County Index No. 154466/2018) Dear Justice Ostrager: We write as counsel to petitioners Gurney's Inn Resort & Spa, Ltd. ("Gurney's") because, respondents' attorneys' rather than follow the Court's directives for submitting request for fees respondents' directly to the Court, counsel, Lee Squitieri, Esq., has e-filed a "Motion for Award Interests" of Fees, Costs and returnable in Room 130 on February 13, 2019. The Court's December 21, 2018 decision and order determining the fair value of respondents' shares did not authorize such a motion. The order states that "[c]ounsel may submit an affirmation and invoices by January 15, 2019, and Gurney's may commeñt by January 31, 2019." No doubt counsel hopes by making a motion, he will have an opportunity to submit reply papers not authorized by the Court's clear directions. Consequently, we respectfully request that the Court direct withdrawal of the foregoing motion and submission of respondent's fee application directly to the Court in accordance with its 21st December order. Respect Ily submitted, Daniel R. Mil in, Esq. cc: Lee Squitieri, Esq. (via ecf) GREENBERG TRAURIG,LLP • ATTORNEYSAT LAW • WWW.GTLAW.COM MetLife Building • 200 ParkAvenue • Tel 212.8019200• New York, NY 10166 • Fax212.8016400