On September 10, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Digital Gadgets, Llc,
and
Abc Llc
A Fictitious Name Used For A Limited Liability Company With A Potential Interest In The Outcome Of This Proceeding, The Identity Of Which Is Presently Unknown,,
Barupon, Llc,
The New York City Health And Hospitals Corporation,
Xyz Corporation
A Fictitious Name Used For A Limited Liability Company With A Potential Interest In The Outcome Of This Proceeding, The Identity Of Which Is Presently Unknown,,
for Special Proceedings - CPLR Article 78
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 09/12/2022 04:14 PM INDEX NO. 157735/2022
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/12/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
DIGITAL GADGETS, LLC,
Petitioner,
ATTORNEY AFFIRMATION
For a Judgment Pursuant to CPLR Article 78 Pursuant to 22 NYCRR §202.8-e
-against-
Index No.: 167735/2022
THE NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION; BARUPON, LLC; ABC LLC, a
fictitious name used for limited liability company with a
potential interest in the outcome of this proceeding, the
identity of which is presently unknown; and XYZ
CORPORATION, a fictitious name used for a business
corporation with a potential interest in the outcome of this
proceeding, the identity of which is presently unknown,
Respondents.
BENJAMIN F. NEIDL, an attorney admitted to practice law in the State of New York,
affirms under penalty of perjury the following:
1. I am of counsel to the law firm of E. Stewart Jones Hacker Murphy LLP, attorneys
for Petitioner Digital Gadgets LLC in this proceeding.
2. Petitioner has filed a motion for a preliminary injunction and temporary restraining
order, by Order to Show Cause. (See NYSCEF Doc. #1 through #15.)
3. Pursuant to 22 NYCRR §202.8-e, this morning I gave notice of that filing to
Respondent New York City Health and Hospitals Corporation (“HHC”) by emailing its Chief
Procurement Counsel, Keith Tallbe, Esq., notice of Petitioner’s filing, and links to the NYSCEF
docket. A true and accurate copy of that email is annexed hereto as Exhibit A.
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1 of 3
FILED: NEW YORK COUNTY CLERK 09/12/2022 04:14 PM INDEX NO. 157735/2022
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/12/2022
4. As for Respondent BaRupOn LLC, that company apparently does not maintain a
website and I have been unable to find an office address, telephone number or email address for
said Respondent. In my email to HHC of this morning, I requested that HHC forward my email
to BaRupOn (HHC must have an email address or phone number for BaRupOn, because BaRupOn
submitted a bid in response to the public contract procurement that is at issue in this case).
5. This afternoon, after I received notice via NYSCEF that an index number had been
assigned, I emailed notice of the Index Number to HHC (care of Mr. Tallbe). A true and accurate
copy of that email is annexed hereto as Exhibit B.
Dated: Albany, New York Respectfully submitted,
September 12, 2022
E. STEWART JONES HACKER MURPHY, LLP
By:
Benjamin F. Neidl
Attorneys for the Petitioner
28 Second Street
Troy, N.Y. 12180
(518) 274-5820
Bneidl@joneshacker.com
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2 of 3
FILED: NEW YORK COUNTY CLERK 09/12/2022 04:14 PM INDEX NO. 157735/2022
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/12/2022
CERTIFICATION PURSUANT TO RULE 202.8-B
I Benjamin F. Neidl hereby certify pursuant to Rule 202.8-b of the Uniform Rules of the
Supreme Courts, that the length of this Affirmation is 464 words. In making this certification, I
have relied on the word count tool in my word processor, Microsoft Word.
Dated: Troy, New York
September 12, 2022
Respectfully submitted,
E. STEWART JONES HACKER MURPHY LLP
By: Benjamin F. Neidl
Attorneys for the Petitioner
28 Second Street
Troy, N.Y. 12180
(518)274-5820
Email: Bneidl@joneshacker.com
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3 of 3
Document Filed Date
September 12, 2022
Case Filing Date
September 10, 2022
Category
Special Proceedings - CPLR Article 78
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Preview
FILED: NEW YORK COUNTY CLERK 09/12/2022 04:14 PM INDEX NO. 157735/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/12/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK DIGITAL GADGETS, LLC, Petitioner, ATTORNEY AFFIRMATION For a Judgment Pursuant to CPLR Article 78 Pursuant to 22 NYCRR §202.8-e -against- Index No.: 167735/2022 THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION; BARUPON, LLC; ABC LLC, a fictitious name used for limited liability company with a potential interest in the outcome of this proceeding, the identity of which is presently unknown; and XYZ CORPORATION, a fictitious name used for a business corporation with a potential interest in the outcome of this proceeding, the identity of which is presently unknown, Respondents. BENJAMIN F. NEIDL, an attorney admitted to practice law in the State of New York, affirms under penalty of perjury the following: 1. I am of counsel to the law firm of E. Stewart Jones Hacker Murphy LLP, attorneys for Petitioner Digital Gadgets LLC in this proceeding. 2. Petitioner has filed a motion for a preliminary injunction and temporary restraining order, by Order to Show Cause. (See NYSCEF Doc. #1 through #15.) 3. Pursuant to 22 NYCRR §202.8-e, this morning I gave notice of that filing to Respondent New York City Health and Hospitals Corporation (“HHC”) by emailing its Chief Procurement Counsel, Keith Tallbe, Esq., notice of Petitioner’s filing, and links to the NYSCEF docket. A true and accurate copy of that email is annexed hereto as Exhibit A. 1 1 of 3 FILED: NEW YORK COUNTY CLERK 09/12/2022 04:14 PM INDEX NO. 157735/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/12/2022 4. As for Respondent BaRupOn LLC, that company apparently does not maintain a website and I have been unable to find an office address, telephone number or email address for said Respondent. In my email to HHC of this morning, I requested that HHC forward my email to BaRupOn (HHC must have an email address or phone number for BaRupOn, because BaRupOn submitted a bid in response to the public contract procurement that is at issue in this case). 5. This afternoon, after I received notice via NYSCEF that an index number had been assigned, I emailed notice of the Index Number to HHC (care of Mr. Tallbe). A true and accurate copy of that email is annexed hereto as Exhibit B. Dated: Albany, New York Respectfully submitted, September 12, 2022 E. STEWART JONES HACKER MURPHY, LLP By: Benjamin F. Neidl Attorneys for the Petitioner 28 Second Street Troy, N.Y. 12180 (518) 274-5820 Bneidl@joneshacker.com 2 2 of 3 FILED: NEW YORK COUNTY CLERK 09/12/2022 04:14 PM INDEX NO. 157735/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/12/2022 CERTIFICATION PURSUANT TO RULE 202.8-B I Benjamin F. Neidl hereby certify pursuant to Rule 202.8-b of the Uniform Rules of the Supreme Courts, that the length of this Affirmation is 464 words. In making this certification, I have relied on the word count tool in my word processor, Microsoft Word. Dated: Troy, New York September 12, 2022 Respectfully submitted, E. STEWART JONES HACKER MURPHY LLP By: Benjamin F. Neidl Attorneys for the Petitioner 28 Second Street Troy, N.Y. 12180 (518)274-5820 Email: Bneidl@joneshacker.com 3 3 of 3