Monday, May 09, 2005

Spitzer's Letter

STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL

ELIOT SPITZER
Attorney General RICHARD RIFKIN
Deputy Attorney General
State Counsel Division

(212) 416-8594/ 8610 JAMES B. HENLY
Assistant Attorney General in Charge
Litigation Bureau

April 29, 2005

FILED BY ECF

Hon. Nina Gershon
Hon. Lois Bloom
United States District Court
Eastern District of New York
U.S. Courthouse
225 Cadman Plaza East
Brooklyn, New York 11201

Re: Maddox v. Prudenti, USDC, EDNY,
CVL 04 - 5444

Dear Judge Gershon and Mag. Judge Bloom:

Our office represents the defendants, justices of the Supreme Court of the State of New York, Appellate Division, Second Department ("Appellate Division") in the above-referenced action. We write this letter requesting an extension of time until June 17, 2005 to serve responsive papers to the complaint in this action served at the courthouse on or about April 13, 2005 for the reasons stated below. Previously, counsel left a telephone message with plaintiff pro se Alton H. Maddox, Jr. inquiring whether or not he would consent to an extension, but has not received a response to date. No prior application has been made to this Court.

Plaintiff brings this action pursuant to 42 USC ยง 1983 and the Fourteenth Amendment of the U.S. Constitution seeking to challenge various laws of the State of New York and rules of the Appellate Division as applied to his suspension from the practice of law before the courts of the State of New York pursuant to two orders by the court. In the Matter of Alton Maddox, 201 A.D.2d 24, 615 N.Y.S.2d 439 ( 2d Dep't 1994); 157 A.D.2d 244, 555 N.Y.S.2d 851 (2d Dep't 1990). These circumstances and orders involve records and information, dating back to 1988, requiring a detailed review of matters to determine the respective

120 BROADWAY, NEW YORK. N.Y. 10271-0332' (212) 416-8610' FAX (212) 416-6075 .


April 29, 2005

Hon. Nina Gershon
Hon. Lois Bloom
Re: Maddox__v. Prudenti, CV 04-5444
defenses of at least twenty justices of the Appellate Division named as defendants herein.

For all the foregoing reasons, our office respectfully requests until June 17, 2005 to serve a response to the complaint in this action.

CHARLES F. SANDERS(CFS3574
Assistant Attorney General


cc. :Alton H. Maddox, Jr.
Plaintiff
16 Court Street
Brooklyn, New York 11201

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