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Frank DeLucia v. Greenbuild, LLC, et al.

Paid petition · Appellate Division, Supreme Court of New York, Third Judicial Department, No. 528344 · judgment April 23, 2020

Certiorari denied · February 22, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Is it a violation of the Due Process clauses of the United State Constitution, 5th Amendment and 14th Amendment to punish a party by dismissing his proceeding for the non-appearance of a witness subpoenaed by one of his adversaries when the issuer of the subpoena declines to enforce the subpoena by contempt?

Counsel of record

For petitioner
John Francis Clennan
John F. Clennan, Esq.

For respondent
Ronald Balter
Vecchione, Vecchione, Connors & Cano, L.L.P

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2021
    Petition DENIED.
  2. Jan 27 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 11 2021
    Waiver of right of respondent Ace Insurance Co. c/o ESIS to respond filed.
  4. Jan 04 2021
    Waiver of Greenbuild, LLC and Phoenix Insurance Co. c/o Travelers of right to respond not accepted for filing. (January 05, 2021)
  5. Jan 04 2021
    Waiver of right of respondents Greenbuild, LLC and Phoenix Insurance Co. c/o Travelers to respond filed.
  6. Dec 28 2020
    Waiver of right of respondent Workers' Compensation Board to respond filed.
  7. Dec 04 2020
    Petition for a writ of certiorari filed. (Response due January 13, 2021)