On September 14, 2010, the Court (Hahn, J) issued a decision determining Petitioner's
November 2009 Motion to Strike. The Court held:
[*4]
Respondent has brought (22) motions and order to show
cause since petitioner brought the instant motion, and despite the court's strenuous and repeated
attempts to have respondent mickens comply with the disclosure/discovery ordered by the court,
respondent has engaged in a course of conduct, through delays and disregard of court orders,
designed to obstruct the underlying proceeding. In addition, contradicting respondent's claim to
being disabled, resp. introduced a document from his physician (d. 7/2/10) asserting his mental
capacity as fit. Accordingly, Petitioner's motion is granted in its entirety and the proceeding is set
for trial October 5, 2010 at 9:30 Part H Room 1164B. This constitutes the decision and order of
the Court.
The relief sought in Petitioner's 3126 motion included a request to strike
Respondent's answer and was incorporated in the Court order granting Petitioner's motion in its
entirety.
On October 5, 2010, the proceeding was transferred from Part H to Part X for trial.
The file contains an email from Spiredoula Viglis, Esq dated October 5, 2010 which states
that HRA's Office of Legal Affairs (OLA) was accepting an Article 81 referral for Respondent,
who had contacted Mr. Viglis, that morning and threatened to commit suicide. The email further
stated "After review of his psychiatric evaluation it became clear that he is not able to appreciate
and understand risk and suffers from a functional limitation." That email was sent to the Court
attorney for Part H and placed in the court file.
On October 5, 2010, the GAL made an application for an adjournment based on a second