Robert Novak
d/b/a PetsWarehouse.com
1550 Sunrise highway Copiague, New York 11726


August 22, 2001


Honorable Judge J. Seybert
Central Islip Courthouse EDNY
200 Federal Plaza
Central Islip, NY 11722

Re: Robert Novak v. Active Window Publications, inc. and Mark Rosenstein

Case no. CV 01 3566

Your Honor:

I am representing myself in this matter pro se. In conversation with the pro se desk of Mr. Allen Hershfield it has been brought to my attention that since I have a prior case filed before Judge Hurley case no. 01 CV 1518 and in accord with Rule 50 (e)(3) I am respectfully requesting this case be transferred to Judge Hurley.

I had filed on August 8th a three page letter to set up a pre-motion conference to schedule a briefing on my proposed motion to dismiss a counterclaim, which I learned was not required in your court but is before Judge Hurley. Therefore there is a certain degree of confusion in making appropriate applications.

I am enclosing an answer to this counterclaim.

There is also a Motion to dismiss for lack of personal jurisdiction from another defendant pending. Although this motion is not signed by an attorney as required by rule 11. Should it be answered under your rules or Judge Hurley's?
This is extremely difficult for myself to proceed.

Therefore, I would respectfully request an adjournment, extension of time to answer or stay pending the anticipated transfer of this case to Judge Hurley.
Further I have consent for an adjournment relating to a Motion to Dismiss from Defendant Daniel Resler, by his attorney Mr. Joseph Infranco.

Very truly yours,

Robert Novak

Service to Defendants

Robert Folks
510 Broad Hollow RD
suite 305
Melville NY 11747
For Active Windows and M Rosenstein

Joseph Infranco
353 Veterans Hwy
Commack NY 11725-4325
For Dan Resler