`NYSCEF DOC. NO. 148
`
`INDEX NO. EF2020-1189
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`RECEIVED NYSCEF: 08/30/2023
`
`SUPREME COURT OF THE STATE OF NEW
`YORK COUNTY OF ULSTER
`
`
`-X
`
`
`
`
`JOHN DOE I and JOHN DOE II,
`
`Plaintiffs,
`
`-against-
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`WILLIAM J. DEDERICK, et al,
`
`
`
`Defendants.
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`-X
`
`Index No. EF2020-1189
`
`
` NOTICE OF MOTION
`TO COMPEL DISCOVERY
`PURSUANT TO CPLR §
`3124 AND OF GOOD FAITH
`EFFORT
`
`Return Date: September 27, 2023
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`
`
`Before:
`Hon. Justin Corcoran
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`
`
`
`
`
`
`
`
`PLEASE TAKE NOTICE, that upon the enclosed Affirmation of Daniel R. Lazaro,
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`Esq. and the exhibits submitted therewith, Plaintiffs John Doe I and John Doe II will move
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`this Court, before the Hon. Justin Corcoran, assigned Justice in this action, at the Courthouse
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`for the Supreme Court for the County of Albany, 16 Eagle Street, Room 102, Albany, New
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`York, 12207, or such other location as the Court may set, on the 27th day of September, 2023
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`at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order, pursuant to CPLR §
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`3214, directing defendant Kingston City School District to produce complete personnel
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`records of
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`,
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`and
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`as requested through Plaintiffs’ Second Set of Document Requests dated
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`September 4, 2021 and Plaintiffs’ January 25, 2023 Letter to Kingston City School District
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`regarding the District’s deficient responses to Plaintiffs’ First Set of Interrogatories and First
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`Set of Document Requests; and for such other and further relief as the Court deems just and
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`proper.
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`An affirmation that a good faith effort has been made to resolve the issues raised in
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`
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`1 of 3
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`
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`FILED: ULSTER COUNTY CLERK 08/30/2023 12:00 AM
`NYSCEF DOC. NO. 148
`
`INDEX NO. EF2020-1189
`
`RECEIVED NYSCEF: 08/30/2023
`
`this motion is attached.
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`Please take further notice that pursuant to CPLR section 2214(b), answering papers, if
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`any, are required to be served upon the undersigned at least seven (7) days prior to the return
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`date of this motion.
`
`Dated:
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`New York, New York
`August 29, 2023
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`
`
`
`
`
`
`
`
`
`
`By: s/Daniel R. Lazaro
`Daniel T. Stabile, Esq.
`Email: Dstabile@winston.com
`WINSTON & STRAWN LLP
`200 South Biscayne Boulevard
`Miami, Florida 33131
`Telephone: 305.910.0787
`Attorney for Plaintiff, John Doe Only
`
`and
`
`Miranda L. Soto, Esq.
`Email: miranda.soto@bipc.com
`BUCHANAN INGERSOLL & ROONEY PC
`One Biscayne Tower, Suite 1500
`Miami, Florida 33131
`Telephone: 305.347.4086
`Admitted pro hac vice
`
`and
`
`Daniel R. Lazaro, Esq.
`Email: dan.lazaro@bipc.com
`BUCHANAN INGERSOLL & ROONEY PC
`640 Fifth Avenue, 9th Floor
`New York, New York 10019
`Telephone: 305.347.4080
`
`and
`
`Patrick T. Gartland, Esq.
`Email: ptg@cgrlaw.com
`CORBALLY, GARTLAND AND RAPPALEYEA, LLP
`35 Market Street
`Poughkeepsie, New York 12601
`Telephone: 845.240.7322
`Facsimile: 845.240.7323
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`2 of 3
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`
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`FILED: ULSTER COUNTY CLERK 08/30/2023 12:00 AM
`NYSCEF DOC. NO. 148
`
`INDEX NO. EF2020-1189
`
`RECEIVED NYSCEF: 08/30/2023
`
`Attorneys for Plaintiffs John Doe and John Doe II
`
`
`
`TO (via NYSECF):
`
`To: Mark C. Rushfield, Esq.
`SHAW, PERELSON, MAY & LAMBERT, LLP
`Kingston City School District
`21 Van Wagner Road
`Poughkeepsie, NY 12603
`
`Lewis Silverman, Esq.
`
`Valentina Lumaj, Esq.
`SILVERMAN & ASSOCIATES
`445 Hamilton Avenue, #1102
`White Plains, New York 10601
`
`Dylan S. Gallagher, Esq.
`O’CONNOR & PARTNERS, PLLC
`255 Wall Street
`Kingston, New York 12401
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`
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`3 of 3
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