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.
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GreenbergTraurig
Daniel R. Milstein
Tel 212.801.6495
MilsteinD@gtlaw.com
January 31, 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:
respondents'
Regrettably, the unauthorized conduct of counsel, Lee Squitieri, once again
compels us to contact the Court to ensure compliance with itsdirections and expectations.
In its December 21, 2018 order, the Court directed with respect to the dissenting
shareholders'
claim for attorney's fees that their
[c]ounsel may submit an affirmation and invaices by January
15, 2019, and Gurney's may comment by January 31, 2019.
Notwithstanding this clear direction, and the Court's equally clear reaffirmation of itfollowing
oral argument Tuesday afternoon, that evening, only a day and a half before the deadline for
"comment,"
petitioner to submit its Mr. Squitieri filed a Supplemental Affirmation (with exhibits)
fees.1
and a memorandum of law further supporting his request for (See Documents 127 through
135 on the clerk's electronic docket).
Insofar as this submission of new documents, factual allegations and legal arguments was
made well beyond the January 15, 2019 deadline, we respectfully request a modest extension of
three (3) business days (not the two weeks provided by the Court's order) to prepare and submit
"comments."
our Unless we hear otherwise from the Court, we will assume that there is no issue
with our suggested solution. We intend to follow up this letter with a call to the Court.
I
Immediately upon noting that Mr. Squitieri'sinitialsubmission didnot include his retaineragreement or other
necessary information and documents, we demanded thathe provide them to us. He repeatedly refused to do so,
to filea heavilyredacted version of his retaineragreement - but none of the other documents we had requested
only
- lessthan two days before our deadline forresponding.
NY 247871236v2
GREENBERGTRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM
MetLifeBuilding• 200 ParK Avenue• New York, NY 10166 • •
Tel 212.80t9200 Fax 212.80L6400
January 31, 2019
Hon. Barry R. Ostrager, J.S.C.
Page 2
Respect ly submitted,
el R. stein, q
cc: Lee Squitieri, Esq. (via ecf)
NY 247871236v2
Document Filed Date
January 31, 2019
Case Filing Date
January 01, 2018
Category
Commercial Division
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GreenbergTraurig Daniel R. Milstein Tel 212.801.6495 MilsteinD@gtlaw.com January 31, 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: respondents' Regrettably, the unauthorized conduct of counsel, Lee Squitieri, once again compels us to contact the Court to ensure compliance with itsdirections and expectations. In its December 21, 2018 order, the Court directed with respect to the dissenting shareholders' claim for attorney's fees that their [c]ounsel may submit an affirmation and invaices by January 15, 2019, and Gurney's may comment by January 31, 2019. Notwithstanding this clear direction, and the Court's equally clear reaffirmation of itfollowing oral argument Tuesday afternoon, that evening, only a day and a half before the deadline for "comment," petitioner to submit its Mr. Squitieri filed a Supplemental Affirmation (with exhibits) fees.1 and a memorandum of law further supporting his request for (See Documents 127 through 135 on the clerk's electronic docket). Insofar as this submission of new documents, factual allegations and legal arguments was made well beyond the January 15, 2019 deadline, we respectfully request a modest extension of three (3) business days (not the two weeks provided by the Court's order) to prepare and submit "comments." our Unless we hear otherwise from the Court, we will assume that there is no issue with our suggested solution. We intend to follow up this letter with a call to the Court. I Immediately upon noting that Mr. Squitieri'sinitialsubmission didnot include his retaineragreement or other necessary information and documents, we demanded thathe provide them to us. He repeatedly refused to do so, to filea heavilyredacted version of his retaineragreement - but none of the other documents we had requested only - lessthan two days before our deadline forresponding. NY 247871236v2 GREENBERGTRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM MetLifeBuilding• 200 ParK Avenue• New York, NY 10166 • • Tel 212.80t9200 Fax 212.80L6400 January 31, 2019 Hon. Barry R. Ostrager, J.S.C. Page 2 Respect ly submitted, el R. stein, q cc: Lee Squitieri, Esq. (via ecf) NY 247871236v2