Villalva Estrada et al v. Giovanni's Italian Eatery, Inc. et al
ORDER: granting 82 Letter Motion for Extension of Time to File. The Application is Granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/28/2021) (ama)
Case 1:16-cv-06162-PGG-GWG Document 82 Filed 04/27/21 Page 1 of 2
LAW OFFICE OF
JUSTIN A. ZELLER, P.C.
J USTIN A. Z ELLER
JAZELLER @ ZELLERLEGAL . COM
T ELEPHONE : 212.229.2249
F ACSIMILE : 212.229.2246
J OHN M. G URRIERI
JMGURRIERI @ ZELLERLEGAL . COM
Hon. Paul G. Gardephe, United States District Judge
United States District Court for the Southern District of New York
good Marshall United States Courthouse
Re: Villalva Estrada et al v. Giovanni's Italian Eatery, Inc. et al
Dear Judge Gardephe:
ﬁrm represents the plaintiﬀ in the above-referenced action.
plaintiﬀ moves for a
thirty-day extension of today’s deadline to submit further information regarding the ownership of
Giovanni’s Italian Eatery, Inc.
defendants do not consent to this motion.
plaintiﬀ has made
signiﬁcant eﬀorts to obtain additional information but requires more time to receive responses.
the plaintiﬀ made the following Freedom of Information Law of New
York (“FOIL”) requests. First, plaintiﬀ made a FOIL request with the New York Department of
State for the certiﬁcate of incorporation and oﬃcial ﬁling receipt for Giovanni’s Italian Eatery, Inc.
Second, plaintiﬀ made a FOIL request with the New York State Department of Taxation and
Finance for the New York State Certiﬁcate of Authority to Collect Sales Tax for Giovanni’s Italian
the plaintiﬀ submitted a FOIL request upon the New York City Department of
Health asking for all food service establishment permits and accompanying application materials
for Giovanni’s Italian Eatery, I
Today, the New York State Department of Taxation
and Finance responded and informed plaintiﬀ it will need until June
to respond to the
FOIL request whereby the request may be responded to or denied.
plaintiﬀ hopes to sooner
receive responses to the other FOIL requests.
the plaintiﬀ sent a subpoena to the New York City Department of Health
asking for all food service establishment permits and accompanying application materials for
Giovanni’s Italian Eatery, Inc., since
inclusive of any photo IDs submitted with the
application materials. Presenting photo identiﬁcation is an application requirement for obtaining a
food service establishment permit and may shed light on whether Mentor Perlaska submitted the
plaintiﬀ sent the subpoena to the Department of Health’s oﬃce of general counsel
by email today, and received a signed admission of service for the subpoena which has been ﬁled
with the Court.
plaintiﬀ requests the additional time to allow time to receive responses to the FOIL
requests and subpoena.
I thank the Court for its time and consideration.
277 B ROADWAY , S UITE 408, N EW Y ORK , N.Y. 10007-2036
Case 1:16-cv-06162-PGG-GWG Document 82 Filed 04/27/21 Page 2 of 2
John M. Gurrieri
April 28, 2021
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