Broton V DA Fitzpatrick (Doc 76) Motion To Strike' Delay Tactic. DA Counsel 'Not Ready'
Broton V DA Fitzpatrick (Doc 76) Motion To Strike' Delay Tactic. DA Counsel 'Not Ready'
Broton V DA Fitzpatrick (Doc 76) Motion To Strike' Delay Tactic. DA Counsel 'Not Ready'
000609/2022
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/08/2024
-vs- ATTORNEY
AFFIRMATION IN
COUNTY OF ONONDAGA, ONONDAGA COUNTY SUPPORT OF MOTION
BOARD OF ETHICS, WILLIAM J. FITZPATRICK TO STRIKE
individually and in his capacity as Onondaga County
District Attorney, ROBERT DURR individually and in
his capacity as Onondaga County Attorney, JOHN
AND JANE DOES individually and in their capacity as
Onondaga County Public Officers, DUANE OWENS
individually and in his capacity as Onondaga
Commissioner of Personnel, STEVE WILLIAMS
individually and in his capacity as investigative
consultant to the Onondaga County Board of Ethics,
JOHN CUCINOTTA in his capacity as a member of
the Onondaga County Board of Ethics, MARY BETH
PRIMO in her capacity as a member of the Onondaga
Defendants.
State of New York affirms under penalties of perjury pursuant to CPLR 2106 that:
1. I am a member of the firm of Costello, Cooney & Fearon, PLLC. My firm was
2. The Consent to Change Attorneys was filed on today's date. (See, Exhibit "A")
3. I have read the Notice of Motion and supporting papers, including the Attorney
support of a motion to strike the Trial Term Note of Issue filed by the Plaintiff.
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FILED: ONONDAGA COUNTY CLERK 01/08/2024 04:52 PM INDEX NO. 000609/2022
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/08/2024
Defendant, Steve Williams, to strike the Trial Term Note of Issue. The case is not ready for trial
and necessary discovery has not been conducted to explore Plaintiff's outlandish allegations.
Attorney William J. Fitzpatrick I also seek to have the Trial Term Note of Issue stricken to afford
Plaintiff.
obtain proper discovery, including a deposition of the Plaintiff, and production of any other
evidence Plaintiff purports to have with respect to the claims made in this litigation.
opportunity to conduct discovery would not interfere with or delay the scheduled trial in this matter
DONALD S. DiBENEDETTO
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