Preview
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021
EXHIBIT D
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
================----===-- ---=--===--=
NATHANIEL GRAYTON, and Infant, by his Mother Index No.: 509009/2013
and Natural Guardian, SHERRI SKIDMORE,
DEMAND FOR
Plaintiff, AUTHORIZATIONS
-against-
VASUSHA VISWANTATHAN, M.D., CALIXTO
CAZANO, M.D., RAJENDRA BHAYANI, M.D.,
FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D.
and WYCHOFF HEIGHTS MEDICAL CENTER,
Defendants.
_________________________________________
COUNSELORS:
PLEASE TAKE NOTICE, that, you are hereby required to provide duly executed and
acknowledged HIPPA compliant authorizations allowing defendant, RAJENDRA BHAYANI,
M.D., to obtain the complete records of the following providers of infant plaintiff Nathaniel
Grayton:
1. Infants Pediatricians for treatment of Nathanial Grayton from 2015 to present;
2. Any and all neurological records for treatment of Nathanial Grayton form 2015 to
present;
3. Any and all psychological records for treatment of Nathanial Grayton from 2015 to
present;
4. An and all neuropsychological evaluation reports of Nathanial Grayton from 2015 to
present;
5. Any and all MRI brain scans, imaging, records or reports for treatment of Nathanial
Grayton from 2015 to present;
6. Any all all school recording including testing and reports from 2015 to present; and
7. Any and all insurance records from 2015 to present.
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021
We demand plaintiff fully execute the OCA NO.: 960 Authorization Form and
included all initials for No. 9A.
PLEASE TAKE FURTHER NOTICE, that said authorizations are to be executed on the
attached HIPPA complaint form and are to include the full names and addresses of the sources
referred to, as well as exact dates of admission, attendance, or other relevant dates, where
applicable.
PLEASE TAKE FURTHER NOTICE, that such authorizations shall be delivered o the
office of the undersigned within twenty (20) days from the date of this notice.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with the above
demands, the undersigned will request appropriate sanctions from the Court, including the
preclusion of the introduction of medical testimony.
PLEASE TAKE FURTHER NOTICE, the with respect to the provisions of CPLR 3103 (b),
attention is directed to CPLR 3122.
Dated: White Plains, New York
October 22, 2019
Yours, etc.,
BROWN, GAUJEAN, KRAUS & SASTOW, PLLC
By·
inette M. Portera
Att eys for Defendant
RAJENDRA BHAYANI, M.D.
1 North Broadway- Suite 1010
White Plains, New York 10604
(914) 434-7533
TO: LEVINE & GROSSMAN
Attorneys for Plaintiff
114 Old Country Road, #460
Mineola, New York 11501
(516) 248-7575
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021
COSTELLO, SHEA & GAFFNEY, LLP
Attorneys for Defendant
VASUSHA VISWANTATHAN, M.D.
12th
44 Wall Street, FlOOr
New York, New York 10005
(212) 483-9600
SCHIAVETTI, CORGAN, DiEDWARDS,
WEINBERG & NICHOLSON, LLP
Attorneys for Defendants
CALIXTO CAZANO, M.D. and
FERNANDO GINEBRA, M.D.
14th
575 Eighth Ave, p
New York, New York 10018
(212) 41-9100
ARSHAACK, HAJEK & LEHRMANN, PLLC
Attorneys for Defendants
SONY LOISEAU, M.D. and WYCHOFF
HEIGHTS MEDICAL CENTER
1790 Broadway, Suite 710
New York, New York 10019
(212) 582-6500
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021
AFFIDAVIT OF SERVICE
BY REGULAR MAIL
STATE OF NEW YORK )
) ss.
COUNTY OF WESTCHESTER )
Joseph Verga, being duly sworn, deposes and says:
That he is not a party in this action, is over eighteen years of age and resides in Cortlandt
Manor, New York.
22nd
That on the day of October, 2019 affiant served the within DEMAND FOR
AUTHORIZATIONS on the following attorneys for the parties herein:
LEVINE & GROSSMAN SCHIAVETTI, CORGAN,
Attorneys for Plaintiff DiEDWARDS,
114 Old Country Road, #460 WEINBERG & NICHOLSON, LLP
Mineola, New York 11501 Attorneys for Defendants
(516) 248-7575 CALIXTO CAZANO, M.D. and
FERNANDO GINEBRA, M.D.
14th
COSTELLO, SHEA & GAFFNEY, LLP 575 Eighth Ave,
Attorneys for Defendants New York, New York 10018
VASUSHA VISWANTATHAN, M.D., 212-541-9100
CALIXTO CAZANO, M.D and
FERNANDO GINEBRA, M.D. ARSHAACK, HAJEK &
110'
4 Wall Street, Floor LEHRMANN, PLLC
New York, New York 10005 Attorneys for Defendants
(2120 483-9600 SONY LOISEAU, M.D. and
WYCHOFF HEIGHTS MEDICAL
CENTER
1790 Broadway, Suite 710
New York, New York 10019
(212) 582-6500
by depositing a true copy of same in a post-paid properly addressed wrapper, in an official
depository under the exclusive care and custody of the United States Postal Service within the
State of New York.
Jos h erga
Sworn to before me this
22nd
day of October, 2019
GINETTE M. PORTERA
Notary Public-StateofNew Yotk
N ic
No. 02PO6012783
Qualifiedin Westchester Cou
Commission Expires 09/08/2
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021
STATE OF NEW YORK
Supreme Court County of Kings Index No. 808009 Year 2013
NATHANIEL GRAYTON, an Infant, by his Mother and Natural Guardian, SHERRI SKIDMORE,
Plaintiff,
- against -
VASUDHA VISWANATHAN, M.D., CALIXTO CAZANO, M.D., RAJENDRA BHAYAHNI, M.D.,
FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D., and WYCKOFF HEIGHTS MEDICAL
CENTER,
Defendants.
--=--===----
DEMAND FOR AUTHORIZATIONS
BROWN*GAUJEAN*KRAUS & SASTOW, PLLC
Attorney(s) for Defendant(s)
Office and post OfficeAddress, Telephone
WHITE PLAINS PLAZA
ONE NORTH BROADWAY
10™
FLOOR
WHITE PLAINS, NEW YORK 10601
(914) 949-5300
TO Attorney(s) for
Service of thewithin
is admitted this day of , 20
................. ......................................
Attorney(s) for
( ) NOTICE OF ENTRY
Please take notice
that an of which the within isa copy, was duly granted inthe
within entitledaction on the Day of , 20 , andduly entered inthe Office of theClerk
of theCounty of On the day of , 20
( ) NOTICE OF SETTLEMENT
Please take notice
that an order
of which the within isa true copy willbe presented for settlement to theHon.
one of the judges of thewithin named Court, at
on the day of , 20
Dated, Yours, etc.
BROWN*GAUJEAN*KRAUS & SASTOW, PLLC
Preview
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021 EXHIBIT D FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ================----===-- ---=--===--= NATHANIEL GRAYTON, and Infant, by his Mother Index No.: 509009/2013 and Natural Guardian, SHERRI SKIDMORE, DEMAND FOR Plaintiff, AUTHORIZATIONS -against- VASUSHA VISWANTATHAN, M.D., CALIXTO CAZANO, M.D., RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D. and WYCHOFF HEIGHTS MEDICAL CENTER, Defendants. _________________________________________ COUNSELORS: PLEASE TAKE NOTICE, that, you are hereby required to provide duly executed and acknowledged HIPPA compliant authorizations allowing defendant, RAJENDRA BHAYANI, M.D., to obtain the complete records of the following providers of infant plaintiff Nathaniel Grayton: 1. Infants Pediatricians for treatment of Nathanial Grayton from 2015 to present; 2. Any and all neurological records for treatment of Nathanial Grayton form 2015 to present; 3. Any and all psychological records for treatment of Nathanial Grayton from 2015 to present; 4. An and all neuropsychological evaluation reports of Nathanial Grayton from 2015 to present; 5. Any and all MRI brain scans, imaging, records or reports for treatment of Nathanial Grayton from 2015 to present; 6. Any all all school recording including testing and reports from 2015 to present; and 7. Any and all insurance records from 2015 to present. FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021 We demand plaintiff fully execute the OCA NO.: 960 Authorization Form and included all initials for No. 9A. PLEASE TAKE FURTHER NOTICE, that said authorizations are to be executed on the attached HIPPA complaint form and are to include the full names and addresses of the sources referred to, as well as exact dates of admission, attendance, or other relevant dates, where applicable. PLEASE TAKE FURTHER NOTICE, that such authorizations shall be delivered o the office of the undersigned within twenty (20) days from the date of this notice. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with the above demands, the undersigned will request appropriate sanctions from the Court, including the preclusion of the introduction of medical testimony. PLEASE TAKE FURTHER NOTICE, the with respect to the provisions of CPLR 3103 (b), attention is directed to CPLR 3122. Dated: White Plains, New York October 22, 2019 Yours, etc., BROWN, GAUJEAN, KRAUS & SASTOW, PLLC By· inette M. Portera Att eys for Defendant RAJENDRA BHAYANI, M.D. 1 North Broadway- Suite 1010 White Plains, New York 10604 (914) 434-7533 TO: LEVINE & GROSSMAN Attorneys for Plaintiff 114 Old Country Road, #460 Mineola, New York 11501 (516) 248-7575 FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021 COSTELLO, SHEA & GAFFNEY, LLP Attorneys for Defendant VASUSHA VISWANTATHAN, M.D. 12th 44 Wall Street, FlOOr New York, New York 10005 (212) 483-9600 SCHIAVETTI, CORGAN, DiEDWARDS, WEINBERG & NICHOLSON, LLP Attorneys for Defendants CALIXTO CAZANO, M.D. and FERNANDO GINEBRA, M.D. 14th 575 Eighth Ave, p New York, New York 10018 (212) 41-9100 ARSHAACK, HAJEK & LEHRMANN, PLLC Attorneys for Defendants SONY LOISEAU, M.D. and WYCHOFF HEIGHTS MEDICAL CENTER 1790 Broadway, Suite 710 New York, New York 10019 (212) 582-6500 FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021 AFFIDAVIT OF SERVICE BY REGULAR MAIL STATE OF NEW YORK ) ) ss. COUNTY OF WESTCHESTER ) Joseph Verga, being duly sworn, deposes and says: That he is not a party in this action, is over eighteen years of age and resides in Cortlandt Manor, New York. 22nd That on the day of October, 2019 affiant served the within DEMAND FOR AUTHORIZATIONS on the following attorneys for the parties herein: LEVINE & GROSSMAN SCHIAVETTI, CORGAN, Attorneys for Plaintiff DiEDWARDS, 114 Old Country Road, #460 WEINBERG & NICHOLSON, LLP Mineola, New York 11501 Attorneys for Defendants (516) 248-7575 CALIXTO CAZANO, M.D. and FERNANDO GINEBRA, M.D. 14th COSTELLO, SHEA & GAFFNEY, LLP 575 Eighth Ave, Attorneys for Defendants New York, New York 10018 VASUSHA VISWANTATHAN, M.D., 212-541-9100 CALIXTO CAZANO, M.D and FERNANDO GINEBRA, M.D. ARSHAACK, HAJEK & 110' 4 Wall Street, Floor LEHRMANN, PLLC New York, New York 10005 Attorneys for Defendants (2120 483-9600 SONY LOISEAU, M.D. and WYCHOFF HEIGHTS MEDICAL CENTER 1790 Broadway, Suite 710 New York, New York 10019 (212) 582-6500 by depositing a true copy of same in a post-paid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York. Jos h erga Sworn to before me this 22nd day of October, 2019 GINETTE M. PORTERA Notary Public-StateofNew Yotk N ic No. 02PO6012783 Qualifiedin Westchester Cou Commission Expires 09/08/2 FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 02/22/2021 STATE OF NEW YORK Supreme Court County of Kings Index No. 808009 Year 2013 NATHANIEL GRAYTON, an Infant, by his Mother and Natural Guardian, SHERRI SKIDMORE, Plaintiff, - against - VASUDHA VISWANATHAN, M.D., CALIXTO CAZANO, M.D., RAJENDRA BHAYAHNI, M.D., FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D., and WYCKOFF HEIGHTS MEDICAL CENTER, Defendants. --=--===---- DEMAND FOR AUTHORIZATIONS BROWN*GAUJEAN*KRAUS & SASTOW, PLLC Attorney(s) for Defendant(s) Office and post OfficeAddress, Telephone WHITE PLAINS PLAZA ONE NORTH BROADWAY 10™ FLOOR WHITE PLAINS, NEW YORK 10601 (914) 949-5300 TO Attorney(s) for Service of thewithin is admitted this day of , 20 ................. ...................................... Attorney(s) for ( ) NOTICE OF ENTRY Please take notice that an of which the within isa copy, was duly granted inthe within entitledaction on the Day of , 20 , andduly entered inthe Office of theClerk of theCounty of On the day of , 20 ( ) NOTICE OF SETTLEMENT Please take notice that an order of which the within isa true copy willbe presented for settlement to theHon. one of the judges of thewithin named Court, at on the day of , 20 Dated, Yours, etc. BROWN*GAUJEAN*KRAUS & SASTOW, PLLC