Preview
FILED: NEW YORK COUNTY CLERK 11/28/2022 02:00 PM INDEX NO. 151662/2018
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 11/28/2022
SUPREME COURT OF THE STATE OF NEW Y ORK
COUNTY OF NEW YORK
-----------------------------------------X Index No. 151662/2018
ANISTO ALVES,
Plaintiff,
AFFIRMATION IN SUPPORT
-against-
PARK AVENUE OPERATING CO., LLC
d/b/a PARK AVENUE EXTENDED CARE FACILITY,
SOUTH NASSAU COMMUNITIES HOSPITAL, "JOHN
AND/OR JANE DOE", as further described in the annexed
complaint, BRIAN F. CURRAN, as Administrator of the
Estate of HILLARY JOHN HURTADO, M.D., SHIPHALI
ROHATGI, M.D., ARUN ARORA, M.D., SURESH
KUMAR NAHATA, M.D., RAJESH ROHATGI, M.D.,
SANDEEP GUPTA, M.D., MIHAI D. DIMANSCESCU,
M.D., JAMES A. GERMANO II, M.D., IVAN
MIKOLAENKO, M.D., HARAMANDEEP SINGH, M.D.
AND ANNE GLASER, M.D.
Defendants.
----------------------------------------X
CHRISTIAN T. GRIM, an attorney duly admitted to practice law before the Courts of the
State of New York, affirms the truth of the following under penalty of perjury, upon information
and belief:
1. I am an associate attorney at the law firm of Antin, Ehrlich & Epstein, LLP, attorneys of
record for the within plaintiff, ANISTO ALVES, herein, and as such I am fully familiar
with the facts and circumstances of this case based upon a review of the case file.
2. I submit this affirmation in support of the instant Order to Show Cause which seeks an Order
holding non-party witness FARID SHAHKOOHI, M.D. in contempt for reasons that he
willfully failed to comply with subpoena to appear for an examination before trial in the
above captioned matter.
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defendants'
3. The instant action involves negligence in the manner in which they treated the
plaintiff, and caused the plaintiff to suffer, inter alia, an above-the-knee right leg
amputation. The defendants were negligent and departed from good and accepted standards
of medical, nursing and rehabilitation practice and/or committed medical malpractice.
4. The above action was commenced by the purchase of an index number and the filing of a
Summons (NYSCEF Dkt. No. 1) and Complaint (NYSCEF Dkt. No. 2) on February 23,
2018. Thereafter, on or about June 22, 2018, plaintiff filed a Supplemental Summons and
Amended Complaint. A copy of the Supplemental Summons and Amended Complaint is
annexed hereto as Exhibit 'A'. Thereafter, defendants SOUTH NASSAU COMMUNITIES
HOSPITAL, ARUN ARORA, M.D., PARK AVENUE OPERATING CO., d/b/a PARK
AVENUE EXTENDED CARE FACILITY, SURESH KUMAR NAHATA, M.D.,
RAJESH ROHATGI, M.D., SHIPHALI ROHATGI, M.D., SANDEEP GUPTA, M.D.,
MIHAI D. DIMANCESCU, ANNE M. GLASER, M.D., JAMES A GERMANO, II, MD,
and Estate of HILLARY JOHN HURTADO, M.D. interposed their respective Answers to
'B'
the Amended Complaint. Annexed hereto as Exhibit are copies of said respective
defendants'
Answers. Defendants IVAN MIKOLAENKO, M.D. and HARAMANDEEP
SINGH, M.D. have not Answered or otherwise appeared in this action.
5. Upon information and belief, non-party witness FARID SHAHKOOHI, M.D. (hereinafter
Dr. Shahkoohi) is currently one of plaintiff's treating physicians at the Grandell
Rehabilitation and Nursing Care facility. Accordingly, Dr. Shahkoohi has information
relevant to the current medical condition, diagnosis and prognosis of plaintiff ANISTO
ALVES.
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6. On November 8, 2022, Plaintiff served the non-party witness, Dr. Shahkoohi, at his office
located at 371 Merrick Road, Suite 407, Rockville Centre, NY 11570 with a subpoena ad
testificandum. Said subpoena included a HIPAA authorization permitting Dr. Shahkoohi
Alves'
permission to provide testimony regarding Mr. present condition, diagnosis and
prognosis. A copy of the subpoena is annexed hereto as Exhibit "C". Service was accepted
by Alexa M., General Agent, at Dr. Shahkoohi's office and a fee of $18.00 was paid. On
November 11, 2022, a copy of the subpoena was mailed to Dr. Shahkoohi by plaintiff's
process server. A copy of the affidavit of service of the subpoena is annexed hereto as
Exhibit "D".
7. On November 17, 2022, plaintiff faxed to Dr. Shahkoohi a letter asking him to respond to
plaintiff's counsel's office to make arrangements for appearing for his deposition. Annexed
"E"
hereto as Exhibit is a copy of said letterwith the fax confirmation page.
8. On November 23, 2022, plaintiff faxed to Dr. Shahkoohi a letter confirming that his
appearance was required at your affirmant's office on November 28, 2022. Annexed hereto
"F"
as Exhibit is a copy of said letter with the fax confirmation page.
9. In addition to the two letters faxed to Dr. Shahkoohi, your affirmant also phoned Dr.
Shahkoohi's office multiple times from November 8 to November 23, 2022. Your affirmant
spoke to sever of Dr. Shahkoohi's staff who confirmed he had received the subpoena and
was aware of same.
10. Dr. Shahkoohi did not thereafter appear or call to adjourn the proceeding, the effect of which
was calculated to, and/or actually did defeat, impair, impede and prejudice the plaintiff,
and/or was willful.
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11. Anticipating Dr. Shahkoohi's attendance at his deposition, your affirmant's office ordered
a Court reporter and was prepared to take the deposition of Dr. Shahkoohi on November 28,
2022. Dr. Shahkoohi never presented to your affirmant's office for his deposition pursuant
to the subpoena, nor did he appear virtually or otherwise. On November 28, 2022, at 10:15
am, your affirmant put a statement on the record noting Dr. Shahkoohi's default in relation
to the subpoena served upon him.
12. Thus, plaintiff requests that there be a Hearing on the issue of noncompliance with the above
mentioned subpoena and that this Court issue an Order that the above named non-party
witness, FARID SHAHKOOHI, M.D., be held in Contempt of Court for failure to comply
with the subpoenas for an examination before trial.
13. "To prevail on a motion to hold another in civil contempt, the moving party must prove by
clear and convincing evidence '(1) that a lawful order of the court, clearly expressing an
unequivocal mandate, was in effect, (2) that the order was disobeyed and the party
disobeying the order had knowledge of itsterms, and (3) that the movant was prejudiced
conduct' "
by the offending (Matter of Fruchthandler v. Fruchthandler, 161 A.D.3d 1151,
1153, 78 N.Y.S.3d 214, quoting El-Dehdan v. El-Dehdan, 114 A.D.3d 4, 16, 978 N.Y.S.2d
239 [internal quotation marks omitted], affd 26 N.Y.3d 19, 19 N.Y.S.3d 475, 41 N.E.3d
340) Wells Fargo Bank, N.A. v. Confino, 175 A.D.3d 533, 535-36, 109 N.Y.S.3d 175, 178
(2019). A non-party witness may not simply refuse to appear while under a subpoena by
simply failing to appear at the date of the deposition.
14. 'To satisfy the prejudice element, it issufficient to allege and prove that the contemnor's
actions were calculated to or actually did defeat, impair, impede, or prejudice the rights or
party' "
remedies of a (Matter of Fruchthandler v Fruchthandler, 161 AD3d at 1153,
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quoting Astrada v Archer, 71 AD3d 803, 806-807 [2010]). Here, the inability to question
a treating physician severely prejudiced plaintiff in his ability to present his current
condition and prognosis by a medical provider.
15. Plaintiff meets all the required elements to prevail on the instant motion for contempt. Here,
the subject subpoena was a proper order of the court clearly expressing that an unequivocal
mandate was in effect for non-party's Dr. Shahkoohi's'appearance to provide testimony at
deposition on November 28, 2022. The subpoena was properly served upon Dr. Shahkoohi
and then disobeyed by Dr. Shahkoohi's due to his non-appearance at the deposition.
16. No motion was made to quash the subpoena or excuse Dr. Shahkoohi's appearance at his
deposition. Furthermore, plaintiff is severely prejudiced by the lack of Dr. Shahkoohi's
testimony as he is a witness to the plaintiff's current medical condition and prognosis.
17. Moreover, it goes without saying that the information sought cannot be obtained through
other sources and is in the exclusive possession of this non-party witness as he is the
plaintiff's main current treating provider at the nursing home where plaintiff resides. As
such, special circumstances exist that warrant the enforcement of the subpoena.
18. Thus, it is respectfully requested that this Court issue an Order holding the non-party
witness, Dr. Shahkoohi, in Contempt of Court for failure to comply with the subpoena or,
in the alternative, compel Dr. Shahkoohi to appear for his deposition and provide testimony
as outlined in the subpoena.
19. No prior application for the relief sought herein has been made.
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WHEREFORE, your Affirmant respectfully requests that the Court grant this motion in its
entirety along with such further and other relief as this Court may deem just, proper and equitable.
Dated: New York, New York
November 28, 2022
Ch‚tian .
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------X Index No. 151662/2018
ANISTO ALVES,
Plaintiff,
WORD COUNT
-against- CERTIFICATION
PARK AVENUE OPERATING CO., LLC
d/b/a PARK AVENUE EXTENDED CARE FACILITY,
SOUTH NASSAU COMMUNITIES HOSPITAL, "JOHN
AND/OR JANE DOE", as further described in the annexed
complaint, BRIAN F. CURRAN, as Administrator of the
Estate of HILLARY JOHN HURTADO, M.D., SHIPHALI
ROHATGI, M.D., ARUN ARORA, M.D., SURESH
KUMAR NAHATA, M.D., RAJESH ROHATGI, M.D.,
SANDEEP GUPTA, M.D., MIHAI D. DIMANSCESCU,
M.D., JAMES A. GERMANO II, M.D., IVAN
MIKOLAENKO, M.D., HARAMANDEEP SINGH, M.D.
AND ANNE GLASER, M.D.
Defendants.
____________________________________..________________________Ç
In accordance with Uniform Rule 202.8-b Affidavits, affirmations, briefs and memoranda
of law in chief shall be limited to 7,000 words each. Reply affidavits, affirmations, and memoranda
shall be no more than 4,200 words. Notably, the word limit does not apply to the statement of
uncontested facts, and no certification shall be annexed to that document.
The undersigned counsel certifies that the word count of the foregoing document (exclusive
of the caption, table of contents, table of authorities, signature block, and this certification), as
established using the word count on the word processing system used to prepare the document, is
1,273 words.
Dated: New York, New York
November 28, 2022
ChrWan T. Grim
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Index No. 151662/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANISTO ALVES,
Plaintiff,
-against-
PARK AVENUE OPERATING CO., LLC
d/b/a PARK AVENUE EXTENDED CARE FACILITY, SOUTH NASSAU COMMUNITIES
HOSPITAL, "JOHN AND/OR JANE DOE", as further described in the annexed complaint,
BRIAN F. CURRAN, as Administrator of the Estate of HILLARY JOHN HURTADO, M.D.,
SHIPHALI ROHATGI, M.D., ARUN ARORA, M.D., SURESH KUMAR NAHATA, M.D.,
RAJESH ROHATGI, M.D., SANDEEP GUPTA, M.D., MIHAI D. DIMANSCESCU, M.D.,
JAMES A. GERMANO II, M.D., IVAN MIKOLAENKO, M.D., HARAMANDEEP SINGH,
M.D. AND ANNE GLASER, M.D.
Defendants.
ODER TO SHOW CAUSE
LAW OFFICESOF
ANTIN, EHRLICH & EPSTEIN, LLP
Attorneysfor Plaintiff
49 WEST 37" STREET- 7" FL.
NEW YORK, NEW YORK 10018 01
TEL: (212)221-5999
FAX (212) 221-6867
Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the courts of New
York state certifies that,upon information and belief and reasonable inquiry, (1) the contentions contained
in the annexed document are not frivolous and that (2) ifthe annexed document isan initiatingpleading,
(I)the matter was not obtained through illegal conduct, or that ifit was, the attorney or other persons
responsible for the illegal conduct are not participating in thematter or sharing in any fee earned therefrom
and that (ii)ifthe matter involves potential claims for personal injury or wrongful death, the matter was
not obtained in violation of 22 NYCRR 1200.41-a.
.Serviceof a copy
of the within
Is herebyadmitted
Dated:
Attorney(s) for
Dated: Signature:
Print Signer's Name:
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Preview
FILED: NEW YORK COUNTY CLERK 11/28/2022 02:00 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 11/28/2022 SUPREME COURT OF THE STATE OF NEW Y ORK COUNTY OF NEW YORK -----------------------------------------X Index No. 151662/2018 ANISTO ALVES, Plaintiff, AFFIRMATION IN SUPPORT -against- PARK AVENUE OPERATING CO., LLC d/b/a PARK AVENUE EXTENDED CARE FACILITY, SOUTH NASSAU COMMUNITIES HOSPITAL, "JOHN AND/OR JANE DOE", as further described in the annexed complaint, BRIAN F. CURRAN, as Administrator of the Estate of HILLARY JOHN HURTADO, M.D., SHIPHALI ROHATGI, M.D., ARUN ARORA, M.D., SURESH KUMAR NAHATA, M.D., RAJESH ROHATGI, M.D., SANDEEP GUPTA, M.D., MIHAI D. DIMANSCESCU, M.D., JAMES A. GERMANO II, M.D., IVAN MIKOLAENKO, M.D., HARAMANDEEP SINGH, M.D. AND ANNE GLASER, M.D. Defendants. ----------------------------------------X CHRISTIAN T. GRIM, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the truth of the following under penalty of perjury, upon information and belief: 1. I am an associate attorney at the law firm of Antin, Ehrlich & Epstein, LLP, attorneys of record for the within plaintiff, ANISTO ALVES, herein, and as such I am fully familiar with the facts and circumstances of this case based upon a review of the case file. 2. I submit this affirmation in support of the instant Order to Show Cause which seeks an Order holding non-party witness FARID SHAHKOOHI, M.D. in contempt for reasons that he willfully failed to comply with subpoena to appear for an examination before trial in the above captioned matter. 1 of 8 FILED: NEW YORK COUNTY CLERK 11/28/2022 02:00 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 11/28/2022 defendants' 3. The instant action involves negligence in the manner in which they treated the plaintiff, and caused the plaintiff to suffer, inter alia, an above-the-knee right leg amputation. The defendants were negligent and departed from good and accepted standards of medical, nursing and rehabilitation practice and/or committed medical malpractice. 4. The above action was commenced by the purchase of an index number and the filing of a Summons (NYSCEF Dkt. No. 1) and Complaint (NYSCEF Dkt. No. 2) on February 23, 2018. Thereafter, on or about June 22, 2018, plaintiff filed a Supplemental Summons and Amended Complaint. A copy of the Supplemental Summons and Amended Complaint is annexed hereto as Exhibit 'A'. Thereafter, defendants SOUTH NASSAU COMMUNITIES HOSPITAL, ARUN ARORA, M.D., PARK AVENUE OPERATING CO., d/b/a PARK AVENUE EXTENDED CARE FACILITY, SURESH KUMAR NAHATA, M.D., RAJESH ROHATGI, M.D., SHIPHALI ROHATGI, M.D., SANDEEP GUPTA, M.D., MIHAI D. DIMANCESCU, ANNE M. GLASER, M.D., JAMES A GERMANO, II, MD, and Estate of HILLARY JOHN HURTADO, M.D. interposed their respective Answers to 'B' the Amended Complaint. Annexed hereto as Exhibit are copies of said respective defendants' Answers. Defendants IVAN MIKOLAENKO, M.D. and HARAMANDEEP SINGH, M.D. have not Answered or otherwise appeared in this action. 5. Upon information and belief, non-party witness FARID SHAHKOOHI, M.D. (hereinafter Dr. Shahkoohi) is currently one of plaintiff's treating physicians at the Grandell Rehabilitation and Nursing Care facility. Accordingly, Dr. Shahkoohi has information relevant to the current medical condition, diagnosis and prognosis of plaintiff ANISTO ALVES. 2 of 8 FILED: NEW YORK COUNTY CLERK 11/28/2022 02:00 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 11/28/2022 6. On November 8, 2022, Plaintiff served the non-party witness, Dr. Shahkoohi, at his office located at 371 Merrick Road, Suite 407, Rockville Centre, NY 11570 with a subpoena ad testificandum. Said subpoena included a HIPAA authorization permitting Dr. Shahkoohi Alves' permission to provide testimony regarding Mr. present condition, diagnosis and prognosis. A copy of the subpoena is annexed hereto as Exhibit "C". Service was accepted by Alexa M., General Agent, at Dr. Shahkoohi's office and a fee of $18.00 was paid. On November 11, 2022, a copy of the subpoena was mailed to Dr. Shahkoohi by plaintiff's process server. A copy of the affidavit of service of the subpoena is annexed hereto as Exhibit "D". 7. On November 17, 2022, plaintiff faxed to Dr. Shahkoohi a letter asking him to respond to plaintiff's counsel's office to make arrangements for appearing for his deposition. Annexed "E" hereto as Exhibit is a copy of said letterwith the fax confirmation page. 8. On November 23, 2022, plaintiff faxed to Dr. Shahkoohi a letter confirming that his appearance was required at your affirmant's office on November 28, 2022. Annexed hereto "F" as Exhibit is a copy of said letter with the fax confirmation page. 9. In addition to the two letters faxed to Dr. Shahkoohi, your affirmant also phoned Dr. Shahkoohi's office multiple times from November 8 to November 23, 2022. Your affirmant spoke to sever of Dr. Shahkoohi's staff who confirmed he had received the subpoena and was aware of same. 10. Dr. Shahkoohi did not thereafter appear or call to adjourn the proceeding, the effect of which was calculated to, and/or actually did defeat, impair, impede and prejudice the plaintiff, and/or was willful. 3 of 8 FILED: NEW YORK COUNTY CLERK 11/28/2022 02:00 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 11/28/2022 11. Anticipating Dr. Shahkoohi's attendance at his deposition, your affirmant's office ordered a Court reporter and was prepared to take the deposition of Dr. Shahkoohi on November 28, 2022. Dr. Shahkoohi never presented to your affirmant's office for his deposition pursuant to the subpoena, nor did he appear virtually or otherwise. On November 28, 2022, at 10:15 am, your affirmant put a statement on the record noting Dr. Shahkoohi's default in relation to the subpoena served upon him. 12. Thus, plaintiff requests that there be a Hearing on the issue of noncompliance with the above mentioned subpoena and that this Court issue an Order that the above named non-party witness, FARID SHAHKOOHI, M.D., be held in Contempt of Court for failure to comply with the subpoenas for an examination before trial. 13. "To prevail on a motion to hold another in civil contempt, the moving party must prove by clear and convincing evidence '(1) that a lawful order of the court, clearly expressing an unequivocal mandate, was in effect, (2) that the order was disobeyed and the party disobeying the order had knowledge of itsterms, and (3) that the movant was prejudiced conduct' " by the offending (Matter of Fruchthandler v. Fruchthandler, 161 A.D.3d 1151, 1153, 78 N.Y.S.3d 214, quoting El-Dehdan v. El-Dehdan, 114 A.D.3d 4, 16, 978 N.Y.S.2d 239 [internal quotation marks omitted], affd 26 N.Y.3d 19, 19 N.Y.S.3d 475, 41 N.E.3d 340) Wells Fargo Bank, N.A. v. Confino, 175 A.D.3d 533, 535-36, 109 N.Y.S.3d 175, 178 (2019). A non-party witness may not simply refuse to appear while under a subpoena by simply failing to appear at the date of the deposition. 14. 'To satisfy the prejudice element, it issufficient to allege and prove that the contemnor's actions were calculated to or actually did defeat, impair, impede, or prejudice the rights or party' " remedies of a (Matter of Fruchthandler v Fruchthandler, 161 AD3d at 1153, 4 of 8 FILED: NEW YORK COUNTY CLERK 11/28/2022 02:00 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 11/28/2022 quoting Astrada v Archer, 71 AD3d 803, 806-807 [2010]). Here, the inability to question a treating physician severely prejudiced plaintiff in his ability to present his current condition and prognosis by a medical provider. 15. Plaintiff meets all the required elements to prevail on the instant motion for contempt. Here, the subject subpoena was a proper order of the court clearly expressing that an unequivocal mandate was in effect for non-party's Dr. Shahkoohi's'appearance to provide testimony at deposition on November 28, 2022. The subpoena was properly served upon Dr. Shahkoohi and then disobeyed by Dr. Shahkoohi's due to his non-appearance at the deposition. 16. No motion was made to quash the subpoena or excuse Dr. Shahkoohi's appearance at his deposition. Furthermore, plaintiff is severely prejudiced by the lack of Dr. Shahkoohi's testimony as he is a witness to the plaintiff's current medical condition and prognosis. 17. Moreover, it goes without saying that the information sought cannot be obtained through other sources and is in the exclusive possession of this non-party witness as he is the plaintiff's main current treating provider at the nursing home where plaintiff resides. As such, special circumstances exist that warrant the enforcement of the subpoena. 18. Thus, it is respectfully requested that this Court issue an Order holding the non-party witness, Dr. Shahkoohi, in Contempt of Court for failure to comply with the subpoena or, in the alternative, compel Dr. Shahkoohi to appear for his deposition and provide testimony as outlined in the subpoena. 19. No prior application for the relief sought herein has been made. 5 of 8 FILED: NEW YORK COUNTY CLERK 11/28/2022 02:00 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 11/28/2022 WHEREFORE, your Affirmant respectfully requests that the Court grant this motion in its entirety along with such further and other relief as this Court may deem just, proper and equitable. Dated: New York, New York November 28, 2022 Ch‚tian . 6 of 8 FILED: NEW YORK COUNTY CLERK 11/28/2022 02:00 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 11/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------X Index No. 151662/2018 ANISTO ALVES, Plaintiff, WORD COUNT -against- CERTIFICATION PARK AVENUE OPERATING CO., LLC d/b/a PARK AVENUE EXTENDED CARE FACILITY, SOUTH NASSAU COMMUNITIES HOSPITAL, "JOHN AND/OR JANE DOE", as further described in the annexed complaint, BRIAN F. CURRAN, as Administrator of the Estate of HILLARY JOHN HURTADO, M.D., SHIPHALI ROHATGI, M.D., ARUN ARORA, M.D., SURESH KUMAR NAHATA, M.D., RAJESH ROHATGI, M.D., SANDEEP GUPTA, M.D., MIHAI D. DIMANSCESCU, M.D., JAMES A. GERMANO II, M.D., IVAN MIKOLAENKO, M.D., HARAMANDEEP SINGH, M.D. AND ANNE GLASER, M.D. Defendants. ____________________________________..________________________Ç In accordance with Uniform Rule 202.8-b Affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each. Reply affidavits, affirmations, and memoranda shall be no more than 4,200 words. Notably, the word limit does not apply to the statement of uncontested facts, and no certification shall be annexed to that document. The undersigned counsel certifies that the word count of the foregoing document (exclusive of the caption, table of contents, table of authorities, signature block, and this certification), as established using the word count on the word processing system used to prepare the document, is 1,273 words. Dated: New York, New York November 28, 2022 ChrWan T. Grim 7 of 8 FILED: NEW YORK COUNTY CLERK 11/28/2022 02:00 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 11/28/2022 Index No. 151662/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANISTO ALVES, Plaintiff, -against- PARK AVENUE OPERATING CO., LLC d/b/a PARK AVENUE EXTENDED CARE FACILITY, SOUTH NASSAU COMMUNITIES HOSPITAL, "JOHN AND/OR JANE DOE", as further described in the annexed complaint, BRIAN F. CURRAN, as Administrator of the Estate of HILLARY JOHN HURTADO, M.D., SHIPHALI ROHATGI, M.D., ARUN ARORA, M.D., SURESH KUMAR NAHATA, M.D., RAJESH ROHATGI, M.D., SANDEEP GUPTA, M.D., MIHAI D. DIMANSCESCU, M.D., JAMES A. GERMANO II, M.D., IVAN MIKOLAENKO, M.D., HARAMANDEEP SINGH, M.D. AND ANNE GLASER, M.D. Defendants. ODER TO SHOW CAUSE LAW OFFICESOF ANTIN, EHRLICH & EPSTEIN, LLP Attorneysfor Plaintiff 49 WEST 37" STREET- 7" FL. NEW YORK, NEW YORK 10018 01 TEL: (212)221-5999 FAX (212) 221-6867 Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the courts of New York state certifies that,upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed document are not frivolous and that (2) ifthe annexed document isan initiatingpleading, (I)the matter was not obtained through illegal conduct, or that ifit was, the attorney or other persons responsible for the illegal conduct are not participating in thematter or sharing in any fee earned therefrom and that (ii)ifthe matter involves potential claims for personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR 1200.41-a. .Serviceof a copy of the within Is herebyadmitted Dated: Attorney(s) for Dated: Signature: Print Signer's Name: 8 of 8