Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO v. Drywall & Acoustics of Northeast Inc.

NwADOw 24.607 VV Ved AY Wil SVU Pik a FEN WA oe t =~ —_wt ee wees oe —_—— Riccardo laccarino 258 Saw Mill River Road BARNES nC SDN Wendell V. Shepherd tans ey □□□ B I S IACCARINO ol \\ Michael C. Anderson Fax: 914.592.3213 SHEPHERD cD | Bimetent Carney 2tesion Drive wy Eo anielle M. Carney reenne ELECTRONICALLY FU \ asses ire Te | DOC # ——z\ yas 1 Sees Hs Kern Roy Barnes, Retired Surrey Lane Hempstead, NY 11550 = ———— ,}| Lauren M. Kugielska’* Tel: padeaiiee Oke 516.483.0566 | DATE FILED: et Giacchino J. Russo *Also Admitted in NJ levels May 25, 2023 2, 3 □□ VIA ECF wv) | 4 Honorable Colleen McMahon, U.S.D.J. doe Daniel Patrick Moynihan Flu ‘ □ United States Courthouse df "| □ Pearl Street /, New York, NY 10007 p77 Re: Drywall Tapers and Pointers of Greater New York Local Union 1974, et al. v. Drywall & Acoustics of Northeast Inc. CaseNo.: 23-cv-01918 (CM) □□ □□ Dear Judge McMahon, □□ This firm represents Petitioners Drywall Tapers and Pointers of Greater New York Local Union 1974, et al. in the above referenced matter. On March 6, 2023, Petitioners filed an application to confirm an arbitration award and supporting papers [ECF Nos. 1-5], and on March 9, 2023, Respondent Drywall & Acoustics of Northeast Inc. was served with a copy of the petition and supporting papers [ECF No. 9]. On April 25, 2023, Petitioners filed a motion for summary judgment and supporting papers [ECF Nos. 10-15], and on April 26, 2023, Respondent Drywall & Acoustics of Northeast Inc. was served with a copy of the motion and supporting papers [ECF No. 16]. To date, Respondent has failed to enter an appearance in this matter, nor has submitted a response to the petition or to the motion for summary judgment. Proceedings to confirm an arbitration award must be “treated as akin to a motion for summary judgment.” D.H. Blair & Co. v. Gottdiener, 462 F.3d 95, 108 (2d Cir. 2006). Based on the foregoing, Petitioners respectfully request that the scheduled June 15th Rule (16) conference [ECF No. 17] be adjourned sine die, and that the Court set forth an Order and Judgment based upon Petitioners’: application to confirm the arbitration award [ECF Nos. 1-5]; and motion for summary judgment and supporting papers [ECF Nos. 10-15].

I appreciate your time and attention to this matter. Thank you.

Respectfully yours, /s/ Lauren M. Kugielska Lauren M. Kugielska