`NYSCEF DOC. NO. 26
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`INDEX NO. EF2020-7
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`RECEIVED NYSCEF: 06/09/2021
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`1 of 1
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`STATE OF NEW YORK
`SUPREME COURT COUNTY OF GREENE
`_______________________________________________
`Kelly Myers,
` Plaintiff, Conference Order
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`-against-
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`Index No.: EF2020-0007
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`Cumberland Farms, Inc. and EMCO Distributors, Inc.
`d/b/a EMCO Corporation,
` Defendants.
`_______________________________________________
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`This matter having come before this Court on June 9, 2021, via Microsoft Teams, with Plaintiff having
`appeared through her attorney, Eli B. Basch, Esq., of the law offices of Basch & Keegan, LLP and Defendant,
`Cumberland Farms, Inc. having appeared through their attorney, Daniel Borbet, Esq. of the law offices of Simmons
`Jannace, DeLuca, LLP, and Defendant, EMCO Distributors, Inc. d/b/a EMCO Construction through their attorney
`James Romer, Esq. of the law offices of Pillinger Miller Tarallo, LLP; and Defendant Commercial Paving having
`appeared through their attorney, Elizabeth Grogan, Esq., of O’Connor, O’Connor, First and Breese, and
`Due deliberation being had thereon,
`NOW, therefore it is
`ORDERED, that the parties shall complete the non-party depositions of Charles Smushna and Mary Decker
`by July 31, 2021; and it is further
`ORDERED, that the Defendant’s medical examination of the Plaintiff shall occur on or before July 21, 2021
`and the Defendant shall provide the Plaintiff with the report from same within 45 days of the exam; and it is further
`ORDERED, that the Court will conduct a compliance conference on September 13, 2021 at 10:00 a.m. via
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`Microsoft Teams, to ensure compliance with this order and schedule the matter for a trial date certain provided the
`Note of Issue has been filed prior to the conference; and it is further
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`ORDERED, that if any deadline in this Order needs to be extended, the party requesting the extension must
`request the extension from the Court before the deadline expires; and it is further
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`ORDERED, that failure to comply with this Order may result in the Court taking the appropriate actions
`under CPLR §3126 and 22 NYCRR 202.27, including striking the offending parties’ pleading.
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`E N T E R
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`Dated: June 9, 2021
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` Kingston, NY
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`Served Check Applicable Box(es):
`❏ Order served via e-mail upon counsel via NYSCEF
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`_________________________________
`Hon. Lisa M. Fisher
`Supreme Court Justice
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