NYC 9/11 Public Portal Document
5. On October 12, 2011, DEP failed to appear and did not produce any records to the
Court. As such, these proceedings were adjourned to November 4, 2011 for DEP to comply with the
subpoena. Before and after October 12"’, Petitioner’s counsel attempted to contact DEP on numerous
occasions regarding the instant subpoena. In or about October 2011, DEP contacted Petitioner’s
counsel and stated that they would be responding to the subpoena for the next court date. However,
on November 4, 2011, DEP failed to appear and did not produce any of the requested documents
pursuant to the Subpoena.
6. To date, DEP has still failed to produce any of the certified documents called for in
the subpoena. DEP’s lack of respect for the Court, the parties and the judicial process has compelled
Petitioner to move this Court to punish the Respondent for contempt. Petitioner has incurred
substantial attorney’s fees and costs have been incurred due to DEP’s failure to comply.
WHEREFORE, Affirmant respectfully requests that the Court grant the relief specified in the
annexed Notice of Motion, together with such other and further relief as this Court deems just and
proper.
Dated: Brooklyn, New York
November 11, 2011
DAVID TROUFP, esq.
NYC-WTC_000159357
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