Opinion
22-cv-00815 (KMK) (PED)
12-21-2022
Charter Oak Fire Insurance Company v. Frascone et. al.
Thomas A Martin, Esq. BOND, SCHOENECK & KING, PLLC
Thomas A Martin, Esq. BOND, SCHOENECK & KING, PLLC
Hon. Kenneth M. Karas United States District Court
Dear Judge Karas:
We are the attorneys for the plaintiffs, the Charter Oak Fire Insurance Company ("Charter Oak"), in connection with the above captioned case. This letter motion is submitted in accordance with Your Honor's instructions at the· status conference in this case held on December 8, 2022. Through this letter motion Charter Oak is seeking to have the limited stay on pre-trial discovery entered by Your Honor on April 20, 2022 (Docket No. 22), lifted.
Your Honor's April 20, 2022 Order in part held "the requirement that Alpha Omega Building Consulting Corp. and Anthony Frascone serve an answer or otherwise respond to the plaintiff's complaint is hereby stayed pending resolution of the state criminal action against defendant Anthony Frascone."
On November 28, 2022, the defendant Anthony Frascone entered a plea of guilty to a Superior Court information that had been filed against him in Rockland County, New York. That plea was entered before the Honorable Kevin F. Russo, Rockland County Court Judge. Incident to the plea of guilty an Order of Restitution was ordered by Judge Russo. (A copy of that Order of Restitution is annexed hereto as Exhibit A.)
As a result of the plea of guilty and the Order of Restitution, the criminal action against Anthony Frascone has been resolved. Charter Oak is, therefore, requesting that the stay regarding the requirement of the defendants Alpha Omega Building Consulting Corp. and Anthony Frascone to serve an answer in response to plaintiffs complaint in this action be lifted and that those defendants be ordered to answer or otherwise respond to the complaint within twenty days of the order lifting the stay. In addition, Charter Oak requests that all other aspects of the April 20, 2022 stay be lifted such that pre-trial discovery can proceed against all answering defendants once responsive pleadings are filed.
Granted.
So Ordered.
EXHIBIT A
COUNTY COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND
THE PEOPLE OF THE STATE OF NEW YORK
against
ANTHONY FRASCONE, Defendant.
SCI. No. 7081222
ORDER OF RESTITUTION
A Superior Court Information having been filed and an action commenced against the Above-named defendant, and a final judgment having been entered against the defendant, NOW, pursuant to C.P.L. Section 420.10, it is hereby
ORDERED, that the defendant, ANTHONY FRASCONE, whose last known address is 68 1 Vaters Edge, Congers, NY 10920, be and hereby is directed to pay to Travelers (9954 Maryland Drive, Suite 6100, Richmond, VA 23233) (Reference ID: UB-9H263303) the sum of' T,389,998.00 in restitution; and it is further
ORDERED, that the defendant, ANTHONY FRASCONE, whose last known address is 68 Waters Edge, Congers, NY 10920, be and hereby is directed to pay to THE HARTFORD (200 Colonial Center Parkway, Suite 500, Attn: SIU, Lake Mary, FL 32746. the sum of $217,213.00 in restitution; and it is further
ORDERED, that the District Attorney file a certified copy of said order with the County Clerk of Rockland County, and it is further
ORDERED, that the County Clerk of Rockland County be and hereby is directed to enter said order in the same manner as a judgment in a civil action in accordance with C.P.L.R. Section: 016(a), and immediately after entry of said order, docket the entered order as a money judgment pursuant to C.P.L.R. Section 5018.
Hon. Kevin F. Russo County Court Judge