FILED: ONONDAGA COUNTY CLERK 01/08/2024 04:52 PM INDEX NO.

000609/2022
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/08/2024

STATE OF NEW YORK

SUPREME COURT COUNTY OF ONONDAGA

SHAWN BROTON, Index No. 000609/2022

Plaintiff, Hon. Gregory Gilbert

-vs- ATTORNEY
AFFIRMATION IN
COUNTY OF ONONDAGA, ONONDAGA COUNTY SUPPORT OF MOTION
BOARD OF ETHICS, WILLIAM J. FITZPATRICK TO STRIKE
individually and in his capacity as Onondaga County
District Attorney, ROBERT DURR individually and in
his capacity as Onondaga County Attorney, JOHN
AND JANE DOES individually and in their capacity as
Onondaga County Public Officers, DUANE OWENS
individually and in his capacity as Onondaga
Commissioner of Personnel, STEVE WILLIAMS
individually and in his capacity as investigative
consultant to the Onondaga County Board of Ethics,
JOHN CUCINOTTA in his capacity as a member of
the Onondaga County Board of Ethics, MARY BETH
PRIMO in her capacity as a member of the Onondaga

County Board of Ethics, and FR. ROBERT SCULLY,

SJ in his capacity as a member of the Onondaga

County Board of Ethics,

Defendants.

DONALD S. DiBENEDETTO, an attorney admitted to practice law in the courts of the

State of New York affirms under penalties of perjury pursuant to CPLR 2106 that:

1. I am a member of the firm of Costello, Cooney & Fearon, PLLC. My firm was

recently retained and substituted as counsel for Defendant, William J. Fitzpatrick.

2. The Consent to Change Attorneys was filed on today's date. (See, Exhibit "A")

3. I have read the Notice of Motion and supporting papers, including the Attorney

Affirmation of Kevin E. Hulslander, Esq., submitted on behalf of Defendant, Steve Williams, in

support of a motion to strike the Trial Term Note of Issue filed by the Plaintiff.

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FILED: ONONDAGA COUNTY CLERK 01/08/2024 04:52 PM INDEX NO. 000609/2022
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/08/2024

4. I incorporate by reference the papers submitted in support of the Motion by

Defendant, Steve Williams, to strike the Trial Term Note of Issue. The case is not ready for trial

and necessary discovery has not been conducted to explore Plaintiff's outlandish allegations.

5. I join in the Motion by Defendant, Steve Williams, and on behalf of District

Attorney William J. Fitzpatrick I also seek to have the Trial Term Note of Issue stricken to afford

an opportunity to conduct necessary discovery in this matter, in particular, a deposition of the

Plaintiff.

6. As newly substituted counsel for Defendant, William J. Fitzpatrick, it is critical to

obtain proper discovery, including a deposition of the Plaintiff, and production of any other

evidence Plaintiff purports to have with respect to the claims made in this litigation.

7. I will endeavor to conduct the necessary discovery and schedule Plaintiff's

deposition in an expeditious manner.

8. Permitting the deposition of Plaintiff and affording Defendant Fitzpatrick the

opportunity to conduct discovery would not interfere with or delay the scheduled trial in this matter

which is scheduled to begin on December 2, 2024.

DATED: January 8, 2024

DONALD S. DiBENEDETTO

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