Rich v. State of New York et al

Filing 115

ORDER denying 114 Letter Motion to Adjourn Conference. Application denied. The hearing will go forward with Mr. Rich's testimony only. If time permits, we will discuss whether the City will either supplement its existing motion or whether it will file a new motion for summary judgment motion based on information it has learned from Mr. Frekhtman. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/18/2023) (cf)

Case 1:21-cv-03835-AT-GWG Document 115
114 Filed 05/18/23 Page 1 of 2

THE CITY OF NEW YORK

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

LAW DEPARTMENT

100 CHURCH STREET
NEW YORK, NEW YORK 10007

FELIX DE JESUS
Assistant Corporation Counsel
[e-mail]
Phone: [phone]
Fax: [phone]

May 18, 2023
VIA ECF
Honorable Gabriel W. Gorenstein
United States Magistrate Judge
Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

MEMORANDUM ENDORSED

Benjamin Rich v. State of New York, et al.,
21 Civ. 3835 (AT) (GWG)

Your Honor:
I am an Assistant Corporation Counsel in the Office of Honorable Sylvia O. HindsRadix, Corporation Counsel of the City of New York, representing defendants Michael Miller and
Vincent Corrando in the above-referenced action. For the reasons set forth herein, defendants write
to respectfully request that the Court adjourn the conference scheduled for May 19, 2023 at 10:00
a.m. to June 2, 2023 at 10:00 a.m., or to another date and time convenient to the Court.
At the very outset, defendants sincerely apologize for the belatedness of this
request. As explained further below, defendants were only finally able to communicate with Mr.
Frekhtman today at approximately 2:30 p.m.
By way of background, defendants filed a motion for summary judgment in which
they allege that plaintiff Benjamin Rich signed a general release that released the defendants herein
from any claims occurring before that date. See ECF Nos. 95, 97. On March 28, 2023, the Court
ordered plaintiff to submit a sworn affidavit providing “all information he has” about the general
release. See ECF No. 104. Plaintiff filed two letters in response to the Court’s March 28, 2023 and
neither is sworn. See ECF Nos. 105, 107, 108. Moreover, the Court found that the letters were
confusing in their wording. See ECF No. 110. On April 24, 2023, the Court ordered that a
telephonic hearing be held on May 10, 2023 at 10:00 a.m. Id. The May 10, 2023 hearing was
subsequently adjourned upon a request by defendants. See ECF Nos. 111 & 112.
Today, at approximately 2:30 p.m., Mr. Frekhtman, Esq. called the undersigned
back. It appears that, upon information and belief, plaintiff informed Mr. Frekhtman that an
individual who he represented to be his wife had a power of attorney on plaintiff’s behalf. The
undersigned also learned that Mr. Frekhtman’s law office may have had a power of attorney on
plaintiff’s behalf. Mr. Frekhtman indicated that he will review his records, specifically to see if

Case 1:21-cv-03835-AT-GWG Document 115
114 Filed 05/18/23 Page 2 of 2

he has a copy of the wife’s power of attorney. Additional time is needed so that defendants can
seek to obtain a copy of the power of attorney and to learn the wife’s name in order to have the
wife testify in this hearing, if necessary. In addition, Mr. Frekhtman and/or someone else in his
office may need to testify during the telephonic hearing. However, Mr. Frekhtman has informed
the undersigned that it would be difficult for him to attend tomorrow’s telephonic hearing.
Accordingly, defendants respectfully requests that the Court adjourn the conference
scheduled for May 19, 2023 at 10:00 a.m. to June 2, 2023 at 10:00 a.m., or to another date and
time convenient to the Court.
Thank you for your consideration herein.
Respectfully submitted,

Felix De Jesus
Assistant Corporation Counsel
Special Federal Litigation Division
cc:

BY U.S. MAIL
Benjamin Rich (f/k/a Samuel Guillaume)
Plaintiff Pro Se
Smart Communications/PADOC
Inmate Number QP2307
SCI Coal Township
P.O. Box 33028
St Petersburg, FL 33733

Application denied. The hearing will go forward with Mr. Rich’s testimony only. If time
permits, we will discuss whether the City will either supplement its existing motion or whether
it will file a new motion for summary judgment motion based on information it has learned
from Mr. Frekhtman.
So Ordered.

May 18, 2023