Russo v. Kiefer, Docket No. 21050217

• Court: New York County Court
• Writing for the Court: Richard Clarino, J.
• Citation: 155 N.Y.S.3d 749,73 Misc.3d 797
• Parties: Stephanie RUSSO, Petitioner v. Melanie A. KIEFER, William D. Wolf, David Kiefer and William D. Wolf, Jr., Respondents.
• Docket Number: Docket No. 21050217
• Decision Date: 25 October 2021

73 Misc.3d 797
155 N.Y.S.3d 749

Stephanie RUSSO, Petitioner
v.
Melanie A. KIEFER, William D. Wolf, David Kiefer and William D. Wolf, Jr., Respondents.

Docket No. 21050217

Justice Court, New York, Town of Newburgh, Orange County.

Decided on October 25, 2021

OLIVER BUDDE, ESQ., Attorney for Petitioner, 11 Broadway, Suite 615, New York, NY 10004

MELANIE A. KIEFER, Respondent Pro Se

WILLIAM D. WOLF, Respondent Pro Se

DAVID KIEFER, New York, Respondent Pro Se

WILLIAM D. WOLF, JR., Respondent Pro Se

Richard Clarino, J.

73 Misc.3d 798

On October 7, 2021, a hearing was held in reference to this summary proceeding to determine the validity of the Declaration of COVID Hardship submitted by each respondent. Petitioner was represented by Oliver Budde, Esq. Respondents appeared pro se and each testified on his or her own behalf.

155 N.Y.S.3d 750

Each respondent testified at the hearing as follows:

RESPONDENT MELANIE KIEFER

Melanie Kiefer testified that neither she nor any member of her household suffered medically from COVID. In September, 2019 following the termination of her cleaning business that ended in August, 2019, she applied for Social Security disability caused by non-COVID illness and her lack of income was exacerbated by her providing care to her elderly grandparents.

Notwithstanding her testimony concerning diminished income, Ms. Kiefer admitted that she recently settled a medical malpractice lawsuit commenced in Ulster County Supreme Court and received the sum of $389,000.00, presently a liquid asset.

RESPONDENT DAVID KIEFER

David Kiefer testified that he is employed as a full-time electrician, works 40 hours per week and earns approximately $800.00 per week.

RESPONDENT WILLIAM WOLF

William Wolfe testified that he is a tree surgeon and, since 2020, as a result of the COVID shutdowns, his income came to a halt. Nothing was presented by him, either documentary evidence or otherwise, to support his conclusory claim...