SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------- ---------------x ICEBERG MECHANICAL CORP., Index No. 652853/15 Plaintiff, -against- IAS Part 55 (D'AUGUSTE, J.S.C.) d/b/a KES NOTICE TO CONSTRUCTION CO., INC., RANCE MACFARLAND, RETAIN NEW COUNSEL INDIVIDUALLY, and PIZZAROTTI IBC LLC, ----------------------------------------x SIRS: Defendants. PLEASE TAKE NOTICE, that in accordance with within Decision and Order of Supreme Court, New York County (D'Auguste, J.S.C.), dated October 23, 2018 and entered in office of clerk of court on or about October 26, 2018, Defendants Rance MacFarland and IBC Business Groups, LLC, are hereby directed to appoint substitute counsel within sixty (60) days from date hereof, which new counsel shall file notice of appearance with Court within sixty (60) days of date hereof, except that if individual Defendant Rance MacFarland intend to represent himself pro se he is directed to so notify Clerk of Court in writing within sixty (60) days of date hereof. Dated: New York, New York October 29, 2018 DUANE MORRIS, LLP Outgoing Attorney for Defendants - IBC Business Groups, LLC, and Rance MacFarland By: S. W jak, Jr. Esq. 1540 Sfo dway New Yor, 10036 (212) 692-1000 DMl\9124838.1 1 of 5
TO: RANCE A. MACFARLAND 44, #1710 NEW YORK, NY 10017 RANCE A. MACFARLAND 110 321 WEST NEW YORK, NY 10026 44, #1710 NEW YORK, NY 10017 110 321 WEST NEW YORK, NY 10026 38 2 341 WEST, FLOOR NEW YORK, NY 10018 JOSEPH CAMMARATA, ESQ. CAMMARATA & DeMEYER, P.C. Attorneys for Plaintiff 456 Arlene Street Staten Island, New York 10314 CHRISTOPHER B. KINZEL, ESQ. PECKAR & ABRAMSON, P.C. Attorneys for Defendant Pizzarotti, IBC 10th 1325 Avenue of Americas, FlOOT New York, New York 10019 DM1\9124838.I 2 of 5
FILED: NEW YORK COUN NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 10/26/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. JAMES EDWARD D'AUGUSTE PART IAS MOTION 55EFM Justice ---1------..---------------------------------------------X INDEX No. 652853/2015 ICEBERG MECHANICAL CORP., MOTION DATE. 09/12/2018. _ Plaintiff, - v - MOTION SEQ. No. 003 D/B/A KES CONSTRUCTION CO. INC.,RANCE MACFARLAND, PIZZAROTI IBC LLC Defendant. DECISION AND ORDER ' ---------------- ----- ---------- --X The fallawirig e-filed documents, listed by NYSCEF document number (Motion 003) 53, 54, 55, 56, 57, 58, 59, 60 ATTORNEY - were read on this motion to/for DISQUALIFY/RELIEVE/SUBSTITUTE/WITHDRAW. Upon foregoing documents, it is ORDERED that motion of Duane Morris, LLP to be relieved as attorney fordefendants IBC Business Groups LLC and Rance MacFarland is granted upon filing of proof of compliance with following conditions; and it is.furr ORDERED that said attorney serve a copy of this order with.notice gf entry upon former clients at ir last known address by mail, return receipt requested, and upon attorneys for all or parties appeariñg herein by posting to New York State Courts Electronic Filing System; and it is furr ORDERED that, toger with copy of this order with notice of entry served upon former clients, moving counsel shall forward a notice directing former clients to appoint a substitute attorney within 60 days from date of mailing of notice and clients shall comply rewith, except that, in event individual defendant Rance MacFarland intends 652953/2015 iceeeiig MECHANICAL CORP. vs. Page 1 of 2 Motion No. 003. 1 o f 2 3 of 5
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AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) ss.: ROSEABEL SCHECK, being duly sworn, deposes and says: That deponent is not a party to action, is over 18 years of age, and resides in Woodland Park, New Jersey. On October 29, 2018, I served within NOTICE TO RETAIN NEW COUNSEL upon: RANCE A. MACFARLAND RANCE A. MACFARLAND 44 110, #1710 321 WEST NEW YORK, NY 10017 NEW YORK, NY 10026 #9414 7266 904 2102 7944 86 #9414 7266 9904 2102 7944 79 44 110, #1710 321 WEST NEW YORK, NY 10017 NEW YORK, NY 10026 #9414 7266 9904 2102 7944 55 #9414 7266 9904 2102 7944 62 38 2ND 341 WEST, FLOOR NEW YORK, NY 10018 #9414 7266 9904 2102 7944 48 by mail, return receipt requested at addresses designated by said parties for that purpose by depositing a true copy of same enclosed in a postpaid, properly addressed wrapper, mail, return receipt requested, into an official depository under exclusive care and custody of United States Postal Service within State of New York. Sworn to before me this 29th day of October, 2018 ROSEABEL DMI\9 Notary Pu ic MARK CANIZlO Notary Public, State of NewYork No. 43-4886827 in Mckond Coun ission Expires 5 of 5