On September 12, 2016 a
Exhibit,Appendix
was filed
involving a dispute between
Cheryl Kausner,
Thomas Kausner,
and
Andrew Cappuccino M.D.,
Buffalo Spine Surgery, Pllc,
Eastern Niagara Hospital, Inc.,
Eastern Niagara Radiology And Nuclear Medicine Associates Pc,
Eric Dean Rpa-C,
Harnath B. Clerk M.D.,
Harnath B. Clerk, M.D., P.C.,
Robert E. Lutnick M.D.,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Niagara County.
Preview
FILED: NIAGARA COUNTY CLERK 08/23/2022 04:12 PM INDEX NO. E159518/2016
NYSCEF8/23/22,3:44 NO.
DOC. PM 284 Roach, Brown,McCarthy & Gruber,P.C. Mail - Kausner
v. Cappuccino,
RECEIVED et al.NYSCEF: 08/23/2022
J Mark Gruber
Mc ar uber
Kausner v. Cappuccino, et al.
Brian Fitzgerald Wed, Aug 3, 2022 at 3:39 PM
"fasedita@nycourts.gov" "mpieri@nycourts.gov"
To: ,
"bpk@connorslip.com" Weidner"
Cc: J Mark Gruber , , "Brian J.
Re: Kausner v. Cappuccino, et al.
Index No. E159518/2016
Our File No. 6646
Judge Sedita:
Per your Honor's ruling on June 30, 2022, any potential conflict motion was to be filed on or
before August 3, 2022. Unfortunately, we had a Covid-19 scare last week in the office and therefore
no secretarial staff to assist with same. The motion will be filed by no later than 5:00 p.m.
tomorrow. Thank you for your Honor's patience and consideration in this regard.
Brian P. Fitzgerald,Esq.
The Fitzgerald Firm, P.C.
424 Main Street
509 Liberty Building
Buffalo, New York 14202
Tel.(716) 852-2000
Fax: (716) 852-2002
brian@thefitzgeraldfirm.com
Martimlale-HublmlF
\ P R E E M I N E NT
https://mail.google.com/mail/u/0/?ik=7a751923ac&view=pt&search=all&permmsgid=msg-f%3A1740170132508554024&simpl=msg-f%3A1740170132... 1/1
FILED: NIAGARA COUNTY CLERK 08/23/2022 04:12 PM INDEX NO. E159518/2016
8/23/22,3:43 NO.
PM Roach, Brown, & Gruber, - Kausner
P.C. Mail v. Cappuccino,et al.NYSCEF:
NYSCEF DOC. 284 McCarthy RECEIVED 08/23/2022
J Mark Gruber
c a aÊruber
Kausner v. Cappuccino, et al.
J Mark Gruber
To: Brian Fitzgerald
Weidner"
Cc: fasedita@nycourts.gov, mpieri@nycourts.gov, bpk@connorsllp.com, "Brian J.
Bec: skochanowski@roachbrown.com
Further to Mr. Fitzgeral
s email, we advised him at least one week ago that our Principal has decided to splitthe defense
of the clients.Therefore, there is no need fora Motion. If theMotion isfiledwe would need three weeks to respond. I am
away from the officeuntil August 15th. We ask thatthe Court affirm itsschedule that the Motion was to be filed no later
than August 3rd. Thank you foryour time and consideration.
Sent from my iPad
On Aug 3, 2022, at 3:39 PM, Brian Fitzgerald wrote:
Re: Kausner v. Cappuccino, et al.
Index No. E159518/2016
our File No. 6646
Judge Sedita:
Per your Honor's ruling on June 30, 2022, any potential conflict motion was to be
filed on or before August 3, 2022. Unfortunately, we had a Covid-19 scare last week in
the office and therefore no secretarial staff to assist with same. The motion will be filed
by no later than 5:00 p.m. tomorrow. Thank you for your Honor's patience and
consideration in this regard.
Brian P. Fitzgerald,Esq.
The Fitzgerald Firm, P.C.
424 Main Street
509 Liberty Building
Buffalo, New York 14202
TeL (716)852-2000
Fax: (716) 852-2002
brian@thefitzgeraldfirm.com
https://mail.google.com/mail/u/0/7ik=7a751923ac&view=pt&search=all&permmsgid=mag-f%3A1740179775244525247&simpl=msg-f%3A1740179775... 1/2
Document Filed Date
August 23, 2022
Case Filing Date
September 12, 2016
Category
Torts - Medical, Dental, or Podiatrist Malpractice
Status
Disposed-Court Date/Application Pending
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Preview
FILED: NIAGARA COUNTY CLERK 08/23/2022 04:12 PM INDEX NO. E159518/2016 NYSCEF8/23/22,3:44 NO. DOC. PM 284 Roach, Brown,McCarthy & Gruber,P.C. Mail - Kausner v. Cappuccino, RECEIVED et al.NYSCEF: 08/23/2022 J Mark Gruber Mc ar uber Kausner v. Cappuccino, et al. Brian Fitzgerald Wed, Aug 3, 2022 at 3:39 PM "fasedita@nycourts.gov" "mpieri@nycourts.gov" To: , "bpk@connorslip.com" Weidner" Cc: J Mark Gruber , , "Brian J. Re: Kausner v. Cappuccino, et al. Index No. E159518/2016 Our File No. 6646 Judge Sedita: Per your Honor's ruling on June 30, 2022, any potential conflict motion was to be filed on or before August 3, 2022. Unfortunately, we had a Covid-19 scare last week in the office and therefore no secretarial staff to assist with same. The motion will be filed by no later than 5:00 p.m. tomorrow. Thank you for your Honor's patience and consideration in this regard. Brian P. Fitzgerald,Esq. The Fitzgerald Firm, P.C. 424 Main Street 509 Liberty Building Buffalo, New York 14202 Tel.(716) 852-2000 Fax: (716) 852-2002 brian@thefitzgeraldfirm.com Martimlale-HublmlF \ P R E E M I N E NT https://mail.google.com/mail/u/0/?ik=7a751923ac&view=pt&search=all&permmsgid=msg-f%3A1740170132508554024&simpl=msg-f%3A1740170132... 1/1 FILED: NIAGARA COUNTY CLERK 08/23/2022 04:12 PM INDEX NO. E159518/2016 8/23/22,3:43 NO. PM Roach, Brown, & Gruber, - Kausner P.C. Mail v. Cappuccino,et al.NYSCEF: NYSCEF DOC. 284 McCarthy RECEIVED 08/23/2022 J Mark Gruber c a aÊruber Kausner v. Cappuccino, et al. J Mark Gruber To: Brian Fitzgerald Weidner" Cc: fasedita@nycourts.gov, mpieri@nycourts.gov, bpk@connorsllp.com, "Brian J. Bec: skochanowski@roachbrown.com Further to Mr. Fitzgeral s email, we advised him at least one week ago that our Principal has decided to splitthe defense of the clients.Therefore, there is no need fora Motion. If theMotion isfiledwe would need three weeks to respond. I am away from the officeuntil August 15th. We ask thatthe Court affirm itsschedule that the Motion was to be filed no later than August 3rd. Thank you foryour time and consideration. Sent from my iPad On Aug 3, 2022, at 3:39 PM, Brian Fitzgerald wrote: Re: Kausner v. Cappuccino, et al. Index No. E159518/2016 our File No. 6646 Judge Sedita: Per your Honor's ruling on June 30, 2022, any potential conflict motion was to be filed on or before August 3, 2022. Unfortunately, we had a Covid-19 scare last week in the office and therefore no secretarial staff to assist with same. The motion will be filed by no later than 5:00 p.m. tomorrow. Thank you for your Honor's patience and consideration in this regard. Brian P. Fitzgerald,Esq. The Fitzgerald Firm, P.C. 424 Main Street 509 Liberty Building Buffalo, New York 14202 TeL (716)852-2000 Fax: (716) 852-2002 brian@thefitzgeraldfirm.com https://mail.google.com/mail/u/0/7ik=7a751923ac&view=pt&search=all&permmsgid=mag-f%3A1740179775244525247&simpl=msg-f%3A1740179775... 1/2