Villalva Estrada et al v. Giovanni's Italian Eatery, Inc. et al

Filing 85

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)

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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 VIA ECF 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. On April 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 Eatery, 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. On April 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 application. 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. the 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 Respectfully submitted, John M. Gurrieri April 28, 2021

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