I00 CHURCH STREET 

NEW YORK. N.Y. 10007 

Anna Ngu)em! 

Assisinni Lbrpornrion (niinsel 

Tcl.: (212)iSS-0971 

Fax (212) 7x8-9776 

August 29,2007 

BY HAND 

Honorable Robcrt P. Patterson 

United States District Judge 

Southern District of New York 

500 Pearl Street MEMO .. . EMDORSEI 

New York, New York 10007 - 

Re: Amiker v. City of New York, et al., 07 CV 3554 (RPP) 

Dear Judge Patterson: 

I am an Assistant C 94 orat~on Counsel in the Special Federal Lit' b ion Div~sion 

of the New York City Law Department and the attorney for defendant City of New York 

("City"). I am writing with the consent of the office of plaintiffs couns&C&stopher Galiardo, 

Esq. to respectfully request a two-week enlargement of time, unt'l, ~k~ternber 11, 2007 within 

which former officer Orlando Perez may answer or otherwise d sp&d to the corn laint 0 

complaint 

information 

earlier this 

and belief, 

month. 

former officer 

Although 

Perez 

this office 

was 

does 

served with 

not currently 

a copy 

represent Mr. 

of the summons 3. 

Perez, 

and 

we 

5 

respectfully make this request on his behalf in order that his defenses are not jeopardized while 

representational issues are being resolved. Defendants respectfully note that the City, Police 

Officer Erick Ortiz, and Police Officer Christian McBrearty filed their answer to the complaint 

on August 2,2007. This is the first request for at1 enlargemeni of timc for Mr. Perez. 1 

The complaint alleges, inter alia, that plaintiff was subjected to false arrest, false 

imprisonment, and malicious prosecution. Before this office can adequately respond to the 

,/ 

' Defendants respectfully note that by letter to the Court dated May 22, 2007, defendants City, Ortiz, McBrearty, as 

well as Percz had requested an enlargement of time to answer the conlplaint. This oftice requested an enlargement 

on behalf of Mr. Perez at that time based on the Affidavit of Service that appeared on the docket sheet, which 

indicated that Mr. Perez had been served. However. that request for Mr. Perez was premature, as this office later 

Ieamed that service on Perez at that time and at his former command was not proper since Mr. Perez was no longer 

employed nith the NYPD. To date, however, it appears Mr. Perez may have been properly re-served. 

Case 1:07-cv-03554-RPP Document 11 Filed 08/30/2007 Page 1 of 2
complaint, we will need to conduct an investigation into the facts of the case as they relate to Mr. 

Perez. The enlargement of time will afford us the opportunity to investigate the matter. 

Moreover, the enlargement will allow us to ascertain whether Mr. Perez was 

properly served. If service has been effectuated then, pursuant to Section 50-k of the New York 

General Municipal Law, this office must determine. based on a review of the case, whether we may 

represent Mr. Perez. Mr. Perez must then decide whether he wishes to be represented by this 

office. If so, we must obtain his written authorization. Only afler this procedure has been followed 

can we determine 

In 

how 

view 

to 

of 

proceed 

the foregoing, 

in this case. 

it is respectfully requested that the Court grant 

7 

the 

within request extending former Officer Perez's time to answer or otherwise respond to the 

compla~nt until September l I, 2007. 

Thank you for your consideration in this regard. 

Respectfully submitted, / 

Anna - Nguyen (A ( ~ssistani corporation Counsel 

Special Federal Litigation Division 

CC: BY FAX 

Christopher Galiardo, Esq. 

Attorney for Plaintiff 

122 East 42"d Street, Suite 2710 

New York, NY 10168 

Fax: 212-986-6250 

Case 1:07-cv-03554-RPP Document 11 Filed 08/30/2007 Page 2 of 2