Case 1:19-cv-00899-GLS-TWD Document 13 Filed 08/15/19 Page 1 of 2

STATE OF NEW YORK

OFFICE OF THE ATTORNEY GENERAL

LETITIA JAMES DIVISION OF STATE COUNSEL

ATTORNEY GENERAL LITIGATION BUREAU

Writer Direct: (518) 776-2622

August 15, 2019

Hon. Gary L. Sharpe

Senior United States District Judge
United States District Court
Northern District of New York
James T. Foley U.S. Courthouse
445 Broadway, Room 112
Albany, NY 12207

Re: Merola v. Cuomo, et al.

19-CV-0899 (GLS/TWD)

Dear Judge Sharpe:

The Attorney General’s Office represents defendants Governor Andrew M. Cuomo, New
York State Attorney General Letitia James and Commissioner of the New York State
Department of Motor Vehicles Mark J. F. Schroeder in this matter. I hereby appear on behalf of
defendants, of Counsel to New York State Attorney General Letitia James.

I respectfully request that the time to respond to the complaint on behalf of defendants be
stayed pending a decision on defendants’ motion to transfer venue of this matter to the Western
District of New York. (Dkt. 12). As is discussed in the Memorandum of Law submitted in
support of said Dkt. 12 motion, prior to the filing of the present lawsuit, another action, entitled
Kearns v. Cuomo, et al. W.D.N.Y. Case No. 1:19-cv-0902, had already been filed in the Western
District of New York, by a plaintiff in his capacity as a County Clerk (as is also the case in the
present matter), against the same three defendants sued in the present matter, challenging the
same State law at issue in the present matter, on the same grounds. Despite the prior filing of
that aforementioned action in the W.D.N.Y., plaintiff in the present matter proceeded to later file
his own mirror-image lawsuit, against the same defendants, concerning the same issues, in the
N.D.N.Y. If defendants’ Dkt. 12 motion to transfer is granted, it is anticipated that defendants
will then request that this case be consolidated with the Kearns matter already pending in the
W.D.N.Y. As is noted in the Memorandum of Law submitted in support of defendants’ Dkt. 12
motion to transfer, defendants will shortly be filing a motion to dismiss in that previously filed
W.D.N.Y. case. If defendants’ Dkt. 12 motion to transfer in the present matter is denied,

Litigation Bureau, The Capitol, Albany, NY 12224-0 341 Phone (518) 776-230 0
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August 15, 2019
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defendants anticipate filing another motion to dismiss in the present matter, as well, when/if they
are required to respond to the complaint in the N.D.N.Y.

For these reasons, defendants respectfully request that their time to respond to the
complaint in the present matter be stayed pending a decision on defendants’ motion to transfer
venue. I have contacted plaintiff’s counsel in this matter and they have opted not to consent to
this request.

Thank you for your consideration of this matter.

Respectfully yours,

s/ Keith J. Starlin
Keith J. Starlin
Assistant Attorney General
Bar Roll No. 105187
keith.starlin@ag.ny.gov

cc: Karl J. Sleight, Esq.

Elliot A. Hallak, Esq.
Harris Beach PLLC
Attorneys for the plaintiff
677 Broadway, Suite 1101
Albany, New York 12207