No. 20-801

Frank DeLucia v. Greenbuild, LLC, et al.

Lower Court: New York
Docketed: 2020-12-14
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment 5th-amendment civil-procedure constitutional-rights contempt due-process fifth-amendment fourteenth-amendment subpoena witness-appearance
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Is it a violation of the Due Process clauses of the United State Constitution, 5s 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?

Question Presented (OCR Extract)

QUESTION PRESENTED Is it a violation of the Due Process clauses of the United State Constitution, 5s 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?

Docket Entries

2021-02-22
Petition DENIED.
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-11
Waiver of right of respondent Ace Insurance Co. c/o ESIS to respond filed.
2021-01-04
Waiver of right of respondents Greenbuild, LLC and Phoenix Insurance Co. c/o Travelers to respond filed.
2020-12-28
Waiver of right of respondent Workers' Compensation Board to respond filed.
2020-12-04
Petition for a writ of certiorari filed. (Response due January 13, 2021)

Attorneys

Ace Insurance Co. c/o ESIS
Warren John FekettFoley, Smit, O'Boyle & Weisman, Respondent
Warren John FekettFoley, Smit, O'Boyle & Weisman, Respondent
Frank DeLucia
John Francis ClennanLaw Office of John F. Clennan, Esq., Petitioner
John Francis ClennanLaw Office of John F. Clennan, Esq., Petitioner
Greenbuild, LLC and Phoenix Insurance Co. c/o Travelers
Ronald BalterVecchione, Vecchione, Connors & Cano, L.L.P, Respondent
Ronald BalterVecchione, Vecchione, Connors & Cano, L.L.P, Respondent
Workers' Compensation Board
Jeffrey W. LangNew York State Attorney General, Respondent
Jeffrey W. LangNew York State Attorney General, Respondent