Alwaqza v. City of Schenectady, New York

Filing 42

STIPULATION AND ORDER OF REMAND: Approving the # 41 Stipulation. The parties, by their respective attorneys of record in this Court, hereby Stipulate and Agree as follows: 1. Amended Petition - Within ten (10) business days of the signing of this S tipulation by their respective attorneys for the parties herein, Plaintiffs/Petitioners' attorney herein shall serve by mail on the Defendants' attorneys herein, an Amended Verified Petition and Supporting Affidavit, which service Defendant s' attorneys shall accept subject to and reserving all their rights and remedies in the New York State Supreme Court. Defendants will have twenty (20) days upon receipt of the Amended Petition and supporting papers to respond to same by service on Plaintiffs/Petitioners by mail. 2. 50-h Hearing- Parties acknowledge that the demanded New York General Municipal Law 50-h Hearing of the Plaintiff/Petitioner was conducted by the Defendants' attorneys herein on September 11, 2017, as ordered by the Court. 3. Remand - The Parties hereby consent that this Court make and enter an Order of Remand to remove this case from this Court and send it back to the New York State Supreme Court, Schenectady County, the Court in which it was originally commenced, and having the further effect of terminating all further proceedings in this Court and the jurisdiction of this Court. IT IS SO ORDERED. Signed by Judge David N. Hurd on 10/16/2017. (mc)

10/02/2017

12:22PM

DEt-i-lIS IRWIN

5184382304

PAGE

UNITED STATES DISTRICT COURT
NORTIIERN DISTR.ICT OF NEW YORK

AHT...AM .ALWAQZA, Individually ~d ~President/Owner
of: Ctarte Deli & Grocery, Inc.• a/k/a C.r:ane Deli & Grocezy,
Plaintiffs,
STIPULATION FQR
ORDER OF REMAND

~against-

1HE CITY OF SCHENECTADY, NEW YORK,
Bw:eau of Code Enforcement,
Defendants.

Civil Case No.: 1:17-CV-427

(DNH/TWD)

WHEREAS this matter was originally commenced as a civ.il action ia. the New York
State Sup~em~ Court. Schenectady County, undet Index #2017-592 and included various
federal cla.ims; and

WHEREAS this matter was duly removed from the New- York State Supreme Coutt

by the Def'endw.t; and
WHEREAS upon Plaintiffs'/Petitioneis' desh-e to discontinue and waive all federal
claitns against the Defendants with prejudice as to such fedetal claims and to serve and file

an Amended Verified Pet:ici.oo. to remove all federal claims and .temand the case back to the
New York State Supreme Court, md Defendants do not oppose this de~.
NOW, THEREFORE, the parties, by their respective attorneys of reco.td in thls
Court, hereby Stipulare and agree as follows:

1. Amended Petition. Within ten (10) business days of the sig1ling of this Stipulation

by the .t:espective gttoro.eys for the parties herein, Plaintiffs/Petitioners' attorney
herein shall sexve by roail on the Defendants' attomeys he.re.in, an .Amended Verificd
Petition and Supporting Affida.vit, copies of which are attached hereto, which service

Defendants' attorneys sh.all accept subject to and .t:eseJ:Ving all their rights and
remedies in the New York State Supi:em.e Conrt. Defendants will have twenty (20)

·days upon receipt of the Aro.ended Petition Md supporting papers to respond to
same by service on Plaint:iffs/Petitionets by mail
2. 50-h Hey1'ing. Parties acknowledge that the demanded New Yorlt General Municipal
Law 50-h Hearing of the PWntiff/Petiti.onex was co1'.ducted by the Defeo.dants'

attomeys hetein on Septembei: 11, 2017, as o.t:de.ted. by the Court.

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ur

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10/02/2017

12: 22PM

DENNIS IRWIN

5184382304

PAGE

3. Remand. The Parties hereby consent that this Court make and enter an Order of
Remand to remove this case from th.is Court and send it ha.ck to the New Y o.x:k Stlte
Supi:eme Court, Schenectady County, the Court in which it was o.rigiruilly

cotnmenced. and having the further effect of terminating all furthe.i: ptoceedings in

this Court and the ;urisdiction of this Court.

2017.

g ,2.c£~ ~
DENNIS F. IRWIN
Attomey for Plaintiffs/Petitioners

428 Sand Ci:eek Rood
Albany, New York 12205
[phone]

Lemi.t:e, Jobnson & Higgins, I.LC
Dated;

/OJ Z.. L
r I

, 2017. By:

~--==---·.

~J.LAWS,ESQ.
Attomeys for Defendant~

2534 Rte. 9, PO Box 2485
Malm, NY 12020

[phone]

October 16, 2017

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03/03