Feliciano v. City of New York

Opinion

feo USDC SDNY MEMO ENDORSED = fg pecan ee ELECTRONICALLY FILE DATE FILED: _$- 24 -20 2: Ee □□ THE City oF NEW YoRK HON. SYLVIA 0. HINDS-RADIX LAW DEPARTMENT MARK D. ZUCKERMA! Corporation Counsel 100 CHURCH STREET Senior Counse NEW YORK, NY 10607 E-mail: mzuckerm@law.nyc.go Phone: (212} 356-351: Fax: □□□□□ 788-977

March 23, 2023 VIA ECF The Honorable Lewis A. Kaplan United States District Judge Southern District of New York 500 Pearl St. New York, N.Y. 10007

Re: Madeline Feliciano, guardian of Nicholas Feliciano v. The City of New York, et. al., 20 Civ. 10033 (MKV) Your Honor: I am a Senior Counsel in the office of the Hon. Sylvia O. Hinds-Radix, Corporation Counsel of the City of New York, representing defendants City of New York and Mark Peralta in the above-referenced matter. We write with the consent of all parties to respectfully request that the stay of all proceedings which is presently in effect in this case (See Docket 117) be extended through May 7, 2023. The reason for the request is twofold. First, as the Court is aware, there are parallel criminal investigations ongoing in connection with the underlying suicide attempt which gives rise to this civil rights action. Thus, this Court has the discretion to stay a civil case in the interest of justice. See United States v. Kordel, 397 U.S. 1, 12 n.27 (1970) (“Federal courts have deferred civil proceedings pending the completion of parallel criminal prosecutions when the interests of justice seemed to require such action,....).!_ Defendants respectfully request the continued stay due to the pending and parallel criminal investigations.

' Plaintiffs’ counsel have previously indicated that they do not agree that a stay is required by law, but consent to a stay in any event. su Cy LEWIS A. K ANATICTIUT