Antonucci v. Bell, Index No. 150003/2022

• Court: United States State Supreme Court (New York)
• Writing for the Court: Ronald Caastorina Jr., J.
• Citation: 2022 NY Slip Op 50479 (U)
• Parties: Antoinette Antonucci, Plaintiff, v. Reginald Bell, Defendant.
• Docket Number: Index No. 150003/2022
• Decision Date: 10 June 2022

2022 NY Slip Op 50479(U)

Antoinette Antonucci, Plaintiff,
v.
Reginald Bell, Defendant.

Index No. 150003/2022

Supreme Court, Richmond County

June 10, 2022

Unpublished Opinion

MOTION DECISION

Counsel for the Plaintiff

Pro Se - Redacted for Privacy

Counsel for Defendant

Pro Se - Redacted for Privacy

Ronald Caastorina Jr., J.

The following e-filed documents listed on NYSCEF numbered 1-24 were read on this motion (Motion Sequence No.001).

Upon the foregoing, Motion Sequence #001 is resolved as follows:

ORDERED that Plaintiff's motion (Motion Sequence # 001) for default judgment against defendant REGINALD BELL is hereby GRANTED, and it is further, ORDERED, that Judgment, on default, in the sum of $11, 858.53 (Eleven Thousand Eight Hundred Fifty-Eight Dollars and Fifty-Three Cents) is entered against Defendant REGINALD BELL, with interest, from June 21, 2012.

ORDERED, that the Clerk of the Court shall enter judgment accordingly, and it is further, ORDERED, that Plaintiff shall serve a copy of this Order with Notice of Entry within twenty (20) days of entry, upon Defendant.

Relevant Facts

A Richmond County jury convicted the Defendant of 1st Degree Manslaughter of Plaintiff's 20-year-old son on December 9, 2011. Defendant was sentenced to a determinate term of 20 years in prison and is currently incarcerated at the Fishkill Correctional Facility located in Beacon, New York. Plaintiff, pro se, a crime victim, pursuant to NY Executive Law §632 [a], commenced the within action by Summons with Notice on January 3, 2022. Plaintiff seeks compensation for claims made under the New York State "Son of Sam" laws (NY Executive Law §632 [a]) out of monies belonging to the defendant, obtained through settlement of a certain personal injury action. Said personal injury action was settled in the sum of $20, 000.00 (Twenty Thousand Dollars and No Cents), while the Defendant was incarcerated at the Fishkill Correctional Facility. A portion of the funds are presently restrained pursuant to NY Executive Law § 632- [a], by injunction Ordered by Hon. Eugene P. DeVine, Justice of the Supreme Court, Albany County, on June 21, 2012 (See, NYS OVS v Reginald Bell, Index No. 958-12 [Albany Co.]).

Defendant, pro se, was personally served with the Summons with Notice on January 26, 2022. He served a Demand for Complaint through NYSCEF (dated January 17, 2022, Document No. 4) on January 31, 2022. However, Plaintiff had already filed a Complaint on January 28, 2022, via NYSCEF (Document No. 3). Subsequently, the Defendant filed an unorthodox document entitled "RESPONSE IN OPPOSITION TO COMPLAINT" on February 17, 2022, failing to address any of the individually stated allegations within Plaintiff's Complaint. Instead, the document, which is not sworn to under the penalty of perjury, gives the Defendant's account of the prior proceedings in Albany County, his understanding of his legal position, a request for dismissal of the Plaintiff's Complaint, and a request for the court to excuse any errors.

This matter was scheduled for a Preliminary Conference in IAS Part 7 on April 26, 2022. The Plaintiff appeared in court and the Defendant did not. The Defendant never communicated with the court via NYSCEF or any other means, to discuss the prospect of a virtual appearance, nor did he call to discuss the scheduled Preliminary Conference. The court granted the Defendant the courtesy of waiving his appearance and adjourned the matter for another date for Preliminary Conference, which coincided with the return date of Plaintiff's instant motion.

On April 28, 2022, Plaintiff, filed (via NYSCEF Document No. 15) a Notice of Motion for Default Judgment and...