Preview
FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020
EXHIBIT D
FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020
1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
2 JANET VEGA, as mother and natural guardian of
F RE, an infant, and JANET VEGA, Index No.: 154880/2018
3 individually,
NOTICE FOR DISCOVERY AND
4 Plaintiff, INSPECTION
5 vs.
6 THE CITY OF NEW YORK, THE NEW YORK CITY
ADMINISTRATION FOR CHILDREN'S SERVICES,
7 SCO FAMILY OF SERVICES, and JEWISH CHILD
CARE ASSOCIATION OF NEW YORK,
8
Defendants.
9
10 COUNSELORS:
11
PLEASE TAKE NOTICE, that the undersigned demands that you produce, within
12
twenty days from the date of service hereof, at the offices of Nelson, Robinson & El Ashmawy,
13
PLLC, 11 Park Place, Suite 711, New York, New York, for copying, testing or photographing, the
14
following original documents or items that are in the possession, custody, or control of each
15
Defendant:
16
Refinitions
17
"Document"
1. includes images, applications summaries, data, electronic mail,
18
compilations, and information of any kind or description however made, produced, or
19
reproduced, or stored whether by hand or by any electronic, photographic, magnetic,
20
optical, mechanical, computer, or other process technology. A document can take the
21
form of any medium on which information can be stored, including without limitation,
22
23
PLAINTIFF'SCOMBINED DEMANDS
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FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020
1 computer memory, computer disk, film, paper, tape recordings, video tapes, and video
2 disks, hard drives, servers, CDs, DVDs, zip discs, and jump drives.
"Document"
3 2. also includes metadata, system data, backup data, files deleted by a
4 computer user, residual data, on line storage media, and near line storage media.
"Document"
5 3. also includes computerized data, i.e.a data compilation from which
6 information can be obtained and translated by the responding party, ifnecessary, through
7 detection devices in reasonably usable form.
8 Instructions
9 1. When producing documents, ifmaintained in an electronic format or presently in an
10 electronic format, these shall be produced in electronic format. This includes producing
11 documents which were provided to outside entities, outside persons or internally in
12 electronic format. Electronic information should be produced in commonly available PC
13 format such as Microsoft Office Suite. Ifa file was maintained in a format compatible
14 with commonly available PC software, itshould be produced in the format in which it
15 was maintained.
16 2. Because of variables which may exist in electronic production, the undersigned is willing
confer"
17 to and request a "meet and session to work out the protocols and variables
18 between those responsible for production of the electronic information and plaintiff's
19 representative before production.
20 3. The undersigned requests that image copies be made of the residual data, and/or that the
21 ability to create an image copy of the data produced be preserved.
22 , 4. If raw data are produced, appropriate applications, file structures, manuals, and other
23 tools necessary for the proper translation and use of the data must be provided.
PLAINTIFF'S COMBINED DEMANDS
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FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020
1 5. Files (such as e-mail) for which metadata is essential for the understanding of the prirnar
2 data must be identified and produced in the appropriate format.
3 Documents
4 1. Any and all records maintained by any Defendant and/or any third party on behalf of any
5 Defendant.
6 2. Any written report of the incident(s) that is the subject of this action prepared in the
7 regular course of business operations or practices of any person, firm, corporation,
8 association or other public or private entity, unless prepared by a police or peace officer
9 for a criminal investigation or prosecution and disclosure would interfere with a criminal
10 investigation or prosecution.
11 3. Any films, photographs or video tapes depicting the plaintiff(s).
12 4. Any fiilrns,photographs or video tapes depicting the scene of the events or the individuals
13 or instrumentality that are the subject of this action.
14 Reouest For Records and Documents
!
15 1. All documents created, maintained, stored, and/or accessible by the defendant's data,
16 computer, electronic and management information systems department, and via any
17 electronic, computer, or other data mining or data access method of and concerning
18 plaintiff by defendant or at any of facility maintained by defendant. This demand include
19 but is not liinited to all electronic, visual, computerized, and other data generated
20 concerning the plaintiff by the defendants.
21 2. Originals of the complete records and documents pertaining to plaintiff maintained by
22 defendants, including but not limited to, notes, history, ex~Ffit»tions, reports, forms,
23
PLAINTIFF'5COMBINED DEMANDS
—10-
!
FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020
1 summaries, correspondence, memoranda, and all other documents that defendant has in
2 its possession, or subject to its control, concerning the plaintiff.
3 3. Pursuant to CPLR 3101, the plaintiff demands that the defendant produce the original
4 index or indexes of written, or published or computerized policies, procedures, protocols,
5 memoranda, bylaws, rules, regulations, guidelines, or agreements of the defendant that
6 were in effect on the dates of the alleged interactions with the plaintiff which were
7 applicable to any and all aspects of the investigation of the plaintiff.
8 4. The defendant's document retention policy in effect from the date of plaintiff's
9 complained of negligence to the present. ,
10 5. Documents indicating the last known address of any persons related to the investigation
11 of the plaintiff's claims that are no longer employed by the defendant.
12 6. The incident report(s) generated by defendant relating to plaintiff.
13 7. The report of the investigation into the circumstances of plaintiff's injury or injuries.
14 8. Transcripts of interviews of defendant's employees and representatives by the State
15 and/or City of New York and/or any other administrative review of and concerning the
16 plaintiff.
17 9. Retrospective investigation reports conducted by personnel employed by and/or
18 associated with the defendant of and concerning plaintiff.
19 Reguest For Case Records. Documents, Renorts and Corresnondence
20 1. Any and all agency documents and electronic information maintained by any
21 Defendant and/or any third party on behalf and/or in conjunction with Defendant
any
22 with regards to Defendants, Plaintiff, and/or any non-party foster child(ren)
23 previously in the care of the of Defendants subject to any allegation(s) concerning
PLAINTIFF'SCOMBINED DEMANDS
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FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020
1 Plaintiff including, but not limited to, any and all materials and reports such as
2 progress notes (including any handwritten notes), foster care records, any
3 correspondence sent to or on behalf of Plaintiff, Defendants, and/or any non-party
4 foster child(ren) previously in the care of the of Defendants subject to any
5 allegations(s) concerning Plaintiff any U.C.R.s ("F.A.S.P.s"), and/or any police
6 reports in any Defendant's files pertaining to Plaintiff.
7 2. Any and all agency documents and/or electronic information maintained by Defendants
8 made by anyone investigating any allegations against any Defendant, on behalf of
9 Plaintiff and/or any other non-party foster child(ren) previously in the care of the of
10 any Defendant pertaining to the allegations concerning Plaintiff including, but not
11 limited to, narratives from Defendant ACS, Emergency Children's Services, SCO
12 and/or JCCA Case worker narratives, the Case Practice Recording Template, and/or
13 the Family Services Plan
14 3. Any and allagency documents and electronic information maintained by Defendants
15 pertaining to Defendants and/or any non-party foster child(ren) previously in the care
16 of the of Defendants relating to the allegations of Plaintiff that are in the possession of
17 Defendants, including all Reports of Suspected Child Abuse or Neglect/Oral Report
("ORTs")/"2221"
18 Transmittals forms, photographs, medical records, social work
19 notes, psychiatric notes, psychological notes, validation notes, reports, evaluations,
20 and/or HIPAA releases signed by any person which relates to Defendants Plaintiff,
21 and/or any non-party foster child(ren) previously in the care of the of Defendants
22 which relate to the allegations of Plaintiff.
23 4. Any and all contracts, communications, notes, and/or letters between Defendants.
PI.AINTlFF'SCOMBINED DEMANDS
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FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020
1 5. Documents indicating the last known address of any persons providing case work
2 and/or case work supervision to Plaintiff that are no longer employed by Defendants.
3 Facility Staffing and Administrative Records
4 1. Copies of the job descriptions and requirements maintained by the answering defendant
5 for all personnel that came into contact with the plaintiff by the defendant, their agents,
6 servants, employees, or contractors.
7 2. Copies of the staffing, duty, and rotation log for all departments that had any interaction
8 with plaintiff showing the shifts worked, the number and type of personnel on duty, and
9 the hours they worked.
10 3. Staffing records, time and swipe card documents, daily schedules, employment records
11 and documents showing the personnel for the dates of plaintiff's interactions with
12 defendant.
13 Facility Records and Policies and Procedures
14 1. The rules and regulations for all departments and/or committees which were related to the
15 allegations of the plaintiff;
16 2. The operating procedure manuals for all departments related to the allegations of the
17 | plaintiff;
18 3. The policy and procedure books establishing objective standards of conduct to be
19 followed by allpersonnel in the facility in all service areas which interacted with
20 plaintiff.
21 PLEASE TAKE FURTHER NOTICE that a statement by the defendant, or
22 defendant's counsel, indicating that the plaintiff may already be in possession of the
23 requested records WILL NOT BE CONSIDERED RESPONSIVE TO THESE
PLAINTfFF'SCOMBINED DEMANDS
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FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020
1 DEMANDS. The records itemized above must be produced by the defendants, irrespective
2 of whether plaintiff may have independently secured or requested copies of the same
3 information.
4 PLEASE TAKE FURTHER NOTICE that:
5 • IF THE ORIGINAL OF ANY OF THE PRECEDING ITEMS WAS AT ONE TIME IN
6 YOUR POSSESSION, CUSTODY, OR CONTROL BUT IS NO LONGER IN YOUR
7 POSSESSION, CUSTODY OR CONTROL, PRODUCE ALL COPIES OF SAME,
8 TOGETHER WITH A STATEMENT SETTING FORTH THE DATE THAT THE
9 ORIGINAL OF SAID ITEM WAS LAST IN YOUR POSSESSION, CUSTODY OR
10 CONTROL AND THE NAME OF THE PERSON OR ENTITY TO WHOM YOU
11 TRANSFERRED POSSESSION, CUSTODY OR CONTROL ON THAT DATE.
12 • IF THE ORIGINAL OF ANY OF THE PRECEDING ITEMS WAS NEVER IN YOUR
13 POSSESSION, CUSTODY, OR CONTROL BUT A COPY WAS IN YOUR
14 POSSESSION, CUSTODY OR CONTROL, PRODUCE ALL COPIES OF SAME.
15 • IF THE ORIGINAL OF ANY OF THE PRECEDING ITEMS WAS NEVER IN YOUR
16 OR CONTROL BUT A COPY WAS IN YOUR
POSSESSION, CUSTODY,
17 CUSTODY OR BUT THAT COPY IS NO LONGER IN
POSSESSION, CONTROL,
18 YOUR CUSTODY OR PRODUCE A STATEMENT
POSSESSION, CONTROL,
19 SETTING FORTH THE DATE THAT THE COPY OF SAID ITEM WAS LAST IN
20 YOUR CUSTODY OR CONTROL AND THE NAME OF THE
POSSESSION,
21 PERSON OR ENTITY TO WHOM YOU TRANSFERRED CUSTODY
POSSESSION,
22 OR CONTROL ON THAT DATE.
23 PLEASE TAKE FURTHER NOTICE that Plaintiff will object at the trialof this action to
PLAINTIFF'5COMBINED DEMANDS
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FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020
1 any offer of evidence as to the items requested herein by Defendant(s), if the items are not
2 produced pursuant to this demand. Your failure to respond within thirty (30) days will result in
3 an application being made for an Order pursuant to CPLR 3124 and CPLR 3126.
4 DATED: New York, New York
October 23, 2018
5
Nelson binson El hmawy, PLLC
6
7 By:
el X. Robinson, Esq.
8 Attorneys for Plaintiff
11 Park Place, Suite 711
9 New York, New York 10007
(212) 962-1740
10
TO:
11
Gina Paglia, Esq.
12 Zachary Carter, Corporation Counsel
Attorneys for Defendant THE CITY OF NEW YORK
13 100 Church Street
New York, New York 10007
Robert Delmond, Esq.
15 Conway, Farrell, Curtin & Kelly, P.C.
Attorneys for Defendant SCO FAMILY OF SERVICES
16 48 Wall Street
20th
FlOOr
17 New York, New York 10005
18 Glen Feinberg, Esq.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP
19 Attorneys for Defendant JEWISH CHILD CARE ASSOCIATION OF NEW YORK
1133 Westchester Avenue
20 White Plains, New York 10604
21
22
23
F'
PLAINTIF S COMBINED DEMANDS
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Preview
FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020 EXHIBIT D FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 2 JANET VEGA, as mother and natural guardian of F RE, an infant, and JANET VEGA, Index No.: 154880/2018 3 individually, NOTICE FOR DISCOVERY AND 4 Plaintiff, INSPECTION 5 vs. 6 THE CITY OF NEW YORK, THE NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, 7 SCO FAMILY OF SERVICES, and JEWISH CHILD CARE ASSOCIATION OF NEW YORK, 8 Defendants. 9 10 COUNSELORS: 11 PLEASE TAKE NOTICE, that the undersigned demands that you produce, within 12 twenty days from the date of service hereof, at the offices of Nelson, Robinson & El Ashmawy, 13 PLLC, 11 Park Place, Suite 711, New York, New York, for copying, testing or photographing, the 14 following original documents or items that are in the possession, custody, or control of each 15 Defendant: 16 Refinitions 17 "Document" 1. includes images, applications summaries, data, electronic mail, 18 compilations, and information of any kind or description however made, produced, or 19 reproduced, or stored whether by hand or by any electronic, photographic, magnetic, 20 optical, mechanical, computer, or other process technology. A document can take the 21 form of any medium on which information can be stored, including without limitation, 22 23 PLAINTIFF'SCOMBINED DEMANDS .. g __ FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020 1 computer memory, computer disk, film, paper, tape recordings, video tapes, and video 2 disks, hard drives, servers, CDs, DVDs, zip discs, and jump drives. "Document" 3 2. also includes metadata, system data, backup data, files deleted by a 4 computer user, residual data, on line storage media, and near line storage media. "Document" 5 3. also includes computerized data, i.e.a data compilation from which 6 information can be obtained and translated by the responding party, ifnecessary, through 7 detection devices in reasonably usable form. 8 Instructions 9 1. When producing documents, ifmaintained in an electronic format or presently in an 10 electronic format, these shall be produced in electronic format. This includes producing 11 documents which were provided to outside entities, outside persons or internally in 12 electronic format. Electronic information should be produced in commonly available PC 13 format such as Microsoft Office Suite. Ifa file was maintained in a format compatible 14 with commonly available PC software, itshould be produced in the format in which it 15 was maintained. 16 2. Because of variables which may exist in electronic production, the undersigned is willing confer" 17 to and request a "meet and session to work out the protocols and variables 18 between those responsible for production of the electronic information and plaintiff's 19 representative before production. 20 3. The undersigned requests that image copies be made of the residual data, and/or that the 21 ability to create an image copy of the data produced be preserved. 22 , 4. If raw data are produced, appropriate applications, file structures, manuals, and other 23 tools necessary for the proper translation and use of the data must be provided. PLAINTIFF'S COMBINED DEMANDS - 9 -- FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020 1 5. Files (such as e-mail) for which metadata is essential for the understanding of the prirnar 2 data must be identified and produced in the appropriate format. 3 Documents 4 1. Any and all records maintained by any Defendant and/or any third party on behalf of any 5 Defendant. 6 2. Any written report of the incident(s) that is the subject of this action prepared in the 7 regular course of business operations or practices of any person, firm, corporation, 8 association or other public or private entity, unless prepared by a police or peace officer 9 for a criminal investigation or prosecution and disclosure would interfere with a criminal 10 investigation or prosecution. 11 3. Any films, photographs or video tapes depicting the plaintiff(s). 12 4. Any fiilrns,photographs or video tapes depicting the scene of the events or the individuals 13 or instrumentality that are the subject of this action. 14 Reouest For Records and Documents ! 15 1. All documents created, maintained, stored, and/or accessible by the defendant's data, 16 computer, electronic and management information systems department, and via any 17 electronic, computer, or other data mining or data access method of and concerning 18 plaintiff by defendant or at any of facility maintained by defendant. This demand include 19 but is not liinited to all electronic, visual, computerized, and other data generated 20 concerning the plaintiff by the defendants. 21 2. Originals of the complete records and documents pertaining to plaintiff maintained by 22 defendants, including but not limited to, notes, history, ex~Ffit»tions, reports, forms, 23 PLAINTIFF'5COMBINED DEMANDS —10- ! FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020 1 summaries, correspondence, memoranda, and all other documents that defendant has in 2 its possession, or subject to its control, concerning the plaintiff. 3 3. Pursuant to CPLR 3101, the plaintiff demands that the defendant produce the original 4 index or indexes of written, or published or computerized policies, procedures, protocols, 5 memoranda, bylaws, rules, regulations, guidelines, or agreements of the defendant that 6 were in effect on the dates of the alleged interactions with the plaintiff which were 7 applicable to any and all aspects of the investigation of the plaintiff. 8 4. The defendant's document retention policy in effect from the date of plaintiff's 9 complained of negligence to the present. , 10 5. Documents indicating the last known address of any persons related to the investigation 11 of the plaintiff's claims that are no longer employed by the defendant. 12 6. The incident report(s) generated by defendant relating to plaintiff. 13 7. The report of the investigation into the circumstances of plaintiff's injury or injuries. 14 8. Transcripts of interviews of defendant's employees and representatives by the State 15 and/or City of New York and/or any other administrative review of and concerning the 16 plaintiff. 17 9. Retrospective investigation reports conducted by personnel employed by and/or 18 associated with the defendant of and concerning plaintiff. 19 Reguest For Case Records. Documents, Renorts and Corresnondence 20 1. Any and all agency documents and electronic information maintained by any 21 Defendant and/or any third party on behalf and/or in conjunction with Defendant any 22 with regards to Defendants, Plaintiff, and/or any non-party foster child(ren) 23 previously in the care of the of Defendants subject to any allegation(s) concerning PLAINTIFF'SCOMBINED DEMANDS --11-- FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020 1 Plaintiff including, but not limited to, any and all materials and reports such as 2 progress notes (including any handwritten notes), foster care records, any 3 correspondence sent to or on behalf of Plaintiff, Defendants, and/or any non-party 4 foster child(ren) previously in the care of the of Defendants subject to any 5 allegations(s) concerning Plaintiff any U.C.R.s ("F.A.S.P.s"), and/or any police 6 reports in any Defendant's files pertaining to Plaintiff. 7 2. Any and all agency documents and/or electronic information maintained by Defendants 8 made by anyone investigating any allegations against any Defendant, on behalf of 9 Plaintiff and/or any other non-party foster child(ren) previously in the care of the of 10 any Defendant pertaining to the allegations concerning Plaintiff including, but not 11 limited to, narratives from Defendant ACS, Emergency Children's Services, SCO 12 and/or JCCA Case worker narratives, the Case Practice Recording Template, and/or 13 the Family Services Plan 14 3. Any and allagency documents and electronic information maintained by Defendants 15 pertaining to Defendants and/or any non-party foster child(ren) previously in the care 16 of the of Defendants relating to the allegations of Plaintiff that are in the possession of 17 Defendants, including all Reports of Suspected Child Abuse or Neglect/Oral Report ("ORTs")/"2221" 18 Transmittals forms, photographs, medical records, social work 19 notes, psychiatric notes, psychological notes, validation notes, reports, evaluations, 20 and/or HIPAA releases signed by any person which relates to Defendants Plaintiff, 21 and/or any non-party foster child(ren) previously in the care of the of Defendants 22 which relate to the allegations of Plaintiff. 23 4. Any and all contracts, communications, notes, and/or letters between Defendants. PI.AINTlFF'SCOMBINED DEMANDS -- 12 -- FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020 1 5. Documents indicating the last known address of any persons providing case work 2 and/or case work supervision to Plaintiff that are no longer employed by Defendants. 3 Facility Staffing and Administrative Records 4 1. Copies of the job descriptions and requirements maintained by the answering defendant 5 for all personnel that came into contact with the plaintiff by the defendant, their agents, 6 servants, employees, or contractors. 7 2. Copies of the staffing, duty, and rotation log for all departments that had any interaction 8 with plaintiff showing the shifts worked, the number and type of personnel on duty, and 9 the hours they worked. 10 3. Staffing records, time and swipe card documents, daily schedules, employment records 11 and documents showing the personnel for the dates of plaintiff's interactions with 12 defendant. 13 Facility Records and Policies and Procedures 14 1. The rules and regulations for all departments and/or committees which were related to the 15 allegations of the plaintiff; 16 2. The operating procedure manuals for all departments related to the allegations of the 17 | plaintiff; 18 3. The policy and procedure books establishing objective standards of conduct to be 19 followed by allpersonnel in the facility in all service areas which interacted with 20 plaintiff. 21 PLEASE TAKE FURTHER NOTICE that a statement by the defendant, or 22 defendant's counsel, indicating that the plaintiff may already be in possession of the 23 requested records WILL NOT BE CONSIDERED RESPONSIVE TO THESE PLAINTfFF'SCOMBINED DEMANDS --13- FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020 1 DEMANDS. The records itemized above must be produced by the defendants, irrespective 2 of whether plaintiff may have independently secured or requested copies of the same 3 information. 4 PLEASE TAKE FURTHER NOTICE that: 5 • IF THE ORIGINAL OF ANY OF THE PRECEDING ITEMS WAS AT ONE TIME IN 6 YOUR POSSESSION, CUSTODY, OR CONTROL BUT IS NO LONGER IN YOUR 7 POSSESSION, CUSTODY OR CONTROL, PRODUCE ALL COPIES OF SAME, 8 TOGETHER WITH A STATEMENT SETTING FORTH THE DATE THAT THE 9 ORIGINAL OF SAID ITEM WAS LAST IN YOUR POSSESSION, CUSTODY OR 10 CONTROL AND THE NAME OF THE PERSON OR ENTITY TO WHOM YOU 11 TRANSFERRED POSSESSION, CUSTODY OR CONTROL ON THAT DATE. 12 • IF THE ORIGINAL OF ANY OF THE PRECEDING ITEMS WAS NEVER IN YOUR 13 POSSESSION, CUSTODY, OR CONTROL BUT A COPY WAS IN YOUR 14 POSSESSION, CUSTODY OR CONTROL, PRODUCE ALL COPIES OF SAME. 15 • IF THE ORIGINAL OF ANY OF THE PRECEDING ITEMS WAS NEVER IN YOUR 16 OR CONTROL BUT A COPY WAS IN YOUR POSSESSION, CUSTODY, 17 CUSTODY OR BUT THAT COPY IS NO LONGER IN POSSESSION, CONTROL, 18 YOUR CUSTODY OR PRODUCE A STATEMENT POSSESSION, CONTROL, 19 SETTING FORTH THE DATE THAT THE COPY OF SAID ITEM WAS LAST IN 20 YOUR CUSTODY OR CONTROL AND THE NAME OF THE POSSESSION, 21 PERSON OR ENTITY TO WHOM YOU TRANSFERRED CUSTODY POSSESSION, 22 OR CONTROL ON THAT DATE. 23 PLEASE TAKE FURTHER NOTICE that Plaintiff will object at the trialof this action to PLAINTIFF'5COMBINED DEMANDS -- 14 -- FILED: NEW YORK COUNTY CLERK 05/26/2020 06:45 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/26/2020 1 any offer of evidence as to the items requested herein by Defendant(s), if the items are not 2 produced pursuant to this demand. Your failure to respond within thirty (30) days will result in 3 an application being made for an Order pursuant to CPLR 3124 and CPLR 3126. 4 DATED: New York, New York October 23, 2018 5 Nelson binson El hmawy, PLLC 6 7 By: el X. Robinson, Esq. 8 Attorneys for Plaintiff 11 Park Place, Suite 711 9 New York, New York 10007 (212) 962-1740 10 TO: 11 Gina Paglia, Esq. 12 Zachary Carter, Corporation Counsel Attorneys for Defendant THE CITY OF NEW YORK 13 100 Church Street New York, New York 10007 Robert Delmond, Esq. 15 Conway, Farrell, Curtin & Kelly, P.C. Attorneys for Defendant SCO FAMILY OF SERVICES 16 48 Wall Street 20th FlOOr 17 New York, New York 10005 18 Glen Feinberg, Esq. Wilson, Elser, Moskowitz, Edelman & Dicker LLP 19 Attorneys for Defendant JEWISH CHILD CARE ASSOCIATION OF NEW YORK 1133 Westchester Avenue 20 White Plains, New York 10604 21 22 23 F' PLAINTIF S COMBINED DEMANDS --15 --