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At an lAS Part of Supreme Court, of
the State of New York, County of Ne\..,r
York located at 60 Centre Street,
New York, NY 10007, on the day of
October 2023
PRESENT:
Hon.
Justice of the Supreme Court
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ERNEST WATSON and ABBY WATSON, Law Dep't No. 2020-002205
Plaintiffs, Index No. 162516/2019
-against- ORDER TO SHOW CAUSE
THE CITY OF NEW YORK;
Det. "JOHN" BRADY Shield No. 646
and P.O. RENE SOTO,
Defendants.
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On reading and filing the Affirmation of Robert Dembia,
Esq., dated October 2, 2023, setting forth facts tending to show
that it is appropriate in the within action to extend the time
for the plaintiff to secure the report of a medical expert and to
complete non-party discovery, and also tending to show that in
this action, there is just cause such an extension of time, or
alternatively, to allow the plaintiff to complete the above after
filing the note of issue,
LET defendants show cause before a motion term of this
Court, in Room - - - , Supreme Court of the State of New York, at
the Courthouse thereof, 80 Centre Street, New York, NY 10013, at
_ _ _ _ _ AM, on , 2023, or as soon
thereafter as the parties can be heard why relief should not be
granted as follows:
1. An order pursuant to CPLR 2004, extending the time limit
set forth in the Stipulation and Order dated 6/27/23 and
otherwise extending for 60 days the time limit for plaintiffs to
complete pre-trial proceedings, including but not limited to
securing expert medical opinion and non-party discovery, on the
ground that the undersigned, despite a good faith effort, was
unable to complete the above proceedings within the time provided
in the Stipulation and Order dated 6/27/2023,
2. Alternatively, an order pursuant to Uniform Rule §
202.21(d), permitting the plaintiffs complete the aforesaid
pretrial proceedings after the filing of the note of issue.
3. An order for any other relief which to the Court appears
just.
Sufficient reason therefore appearing, and pending the
hearing and determination of this motion, it is
ORDERED, that the deadlines in the Stipulation and Order
dated 6/27/2023 are hereby extended for 60 days pending further
proceedings and it is further
ORDERED, that service of a copy of this Order and the papers
on which it is granted, on defense counsel, by mail to
New York City Law Department
100 Church Street, 4th Floor
New York, NY 10007
and additionally, by filing the papers on which it was granted
with the NYSCEF e-filing system under the file for this action,
on or before October , 2023, be deemed good and sufficient.
E N T E R
Justice of the Supreme Court