Alexander et al v. Cahill et al

Filing 20

RESPONSE in Opposition re 6 MOTION for Preliminary Injunction filed by Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse. (Attachments: # 1 Exhibit(s) DVD traditionally filed# 2 Memorandum of Law # 3 Exhibit(s) 1 to Memorandum of Law# 4 Exhibit(s) 2 to Memorandum of Law# 5 Exhibit(s) 3 to Memorandum of Law# 6 Exhibit(s) 4 to Memorandum of Law# 7 Exhibit(s) 5 to Memorandum of Law# 8 Exhibit(s) 6 to Memorandum of Law# 9 Notice of Cross-Motion)(MacRae, Patrick) Modified on 4/2/2007 (bjw, ).

Alexander et al v. Cahill et al

Doc. 20 Att. 9

Case 5:07-cv-00117-FJS-GHL

Document 20-10

Filed 03/27/2007

Page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JAMES L. ALEXANDER; ALEXANDER & CATALANO LLC; and PUBLIC CITIZEN, INC., Plaintiffs, v. THOMAS J. CAHILL, in his official capacity as Chief Counsel for the Departmental Disciplinary Committee for the Appellate Division of the New York Court of Appeals, First Department; DIANA MAXFIELD KEARSE, in her official capacity as Chief Counsel for the Grievance Committee for the Second and Eleventh Judicial Districts; GARY L. CASELLA, in his official capacity as Chief Counsel for the Grievance Committee for the Ninth Judicial District; RITA E. ADLER, in her official capacity as Chief Counsel for the Grievance Committee for the Tenth Judicial District; MARK S. OCHS in his official capacity as Chief Attorney for the Committee on Professional Standards for the Appellate Division of the New York Court of Appeals, Third Department; ANTHONY J. GIGLIOTTI, in his official capacity as acting Chief Counsel for the Grievance Committee for the Fifth Judicial District; DANIEL A. DRAKE, in his official capacity as acting Chief Counsel for the Grievance Committee for the Seventh Judicial District; and VINCENT L. SCARSELLA, in his official capacity as acting Chief Counsel for the Grievance Committee for the Eighth Judicial District, Defendants. NOTICE OF CROSS MOTION PLEASE TAKE NOTICE that Plaintiffs will move this court at the Courthouse thereof located in Syracuse, New York, before Judge Frederick J. Scullin, Jr., as 10:00 a.m. on April 13, 2007, for an Order dismissing the Complaint pursuant to FRCP 56, or in the alternative, an Order dismissing the Complaint on the basis of this Court's abstention from exercising jurisdiction over the subject matter herein. The grounds for this Motion are set forth in the accompanying Memorandum of Law and Affirmation. 5:07-CV-0118 (FJS)(GHL)

Dockets.Justia.com

Case 5:07-cv-00117-FJS-GHL

Document 20-10

Filed 03/27/2007

Page 2 of 2

Dated: Syracuse, New York March 27, 2007 ANDREW M. CUOMO Attorney General of the State of New York Attorney for Defendants Thomas J. Cahill, Diana Maxfield Kearse, Gary L. Casella, Rita E. Addler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake and Vincent L. Scarsella s/Patrick F. MacRae

PP

ATRICK F. MACRAE Assistant Attorney General, of Counsel Bar Roll No. 102091 615 Erie Boulevard West, Suite 102 Syracuse, New York 13204 Telephone: [phone] Fax: [phone] (Not for service of papers) Email: [e-mail]

FMR

TO:

Scott L. Nelson, Esq. (by electronic filing) Gregory A. Beck, Esq. (by electronic filing) Brian Wolfman, Esq. (by electronic filing)