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  • Michael Gurevich Md v. Mary T. Bassett M.D. in her official capacity as Commissioner, NYS Dept. of Health, Shelly Wong Bandago in her official capacity as director, NYS Office of Professional Medical Conduct, Nys Office Of Preofessional Medical Conduct, Nys Board Of Professional Medical Conduct, George Russel Autz Md in his official capacity as member of the New York Board of Professional Medical Conduct, Roseanne C Berger M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Roosevelt Boursiquot M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lawrence J. Epstein M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lynn Gladys Mark M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Marian Goldstein in his official capacity as public member of the New York Board of Professional Medical Conduct, Martha Grayson M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Elisabeth Benson Guthrie in his official capacity as public member of the New York Board of Professional Medical Conduct, Sumathi Kashinathan M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Kathleen S. Lil Pa in her official capacity as member of the New York Board of Professional Medical Conduct, Robert G Lerner in his official capacity as public member of the New York Board of Professional Medical Conduct, Joann Marino in her official capacity as public member of the New York Board of Professional Medical Conduct, Louis J. Pappa M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Maria Plummer M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Swaminathan Rajan M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Ramanathan Raju M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Najeeb Rehman M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Sumir Sahgal M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Arash Salemi M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Nancy Sapio M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Neeta Minal Shah M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Rahul Sharma M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Amit M. Shelat M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Greg Shuts Pa in his official capacity as member of the New York Board of Professional Medical Conduct, Robert R. Walther M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, David Wlody M.D. in his official capacity as member of the New York Board of Professional Medical ConductSpecial Proceedings - CPLR Article 78 document preview
  • Michael Gurevich Md v. Mary T. Bassett M.D. in her official capacity as Commissioner, NYS Dept. of Health, Shelly Wong Bandago in her official capacity as director, NYS Office of Professional Medical Conduct, Nys Office Of Preofessional Medical Conduct, Nys Board Of Professional Medical Conduct, George Russel Autz Md in his official capacity as member of the New York Board of Professional Medical Conduct, Roseanne C Berger M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Roosevelt Boursiquot M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lawrence J. Epstein M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lynn Gladys Mark M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Marian Goldstein in his official capacity as public member of the New York Board of Professional Medical Conduct, Martha Grayson M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Elisabeth Benson Guthrie in his official capacity as public member of the New York Board of Professional Medical Conduct, Sumathi Kashinathan M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Kathleen S. Lil Pa in her official capacity as member of the New York Board of Professional Medical Conduct, Robert G Lerner in his official capacity as public member of the New York Board of Professional Medical Conduct, Joann Marino in her official capacity as public member of the New York Board of Professional Medical Conduct, Louis J. Pappa M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Maria Plummer M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Swaminathan Rajan M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Ramanathan Raju M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Najeeb Rehman M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Sumir Sahgal M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Arash Salemi M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Nancy Sapio M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Neeta Minal Shah M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Rahul Sharma M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Amit M. Shelat M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Greg Shuts Pa in his official capacity as member of the New York Board of Professional Medical Conduct, Robert R. Walther M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, David Wlody M.D. in his official capacity as member of the New York Board of Professional Medical ConductSpecial Proceedings - CPLR Article 78 document preview
  • Michael Gurevich Md v. Mary T. Bassett M.D. in her official capacity as Commissioner, NYS Dept. of Health, Shelly Wong Bandago in her official capacity as director, NYS Office of Professional Medical Conduct, Nys Office Of Preofessional Medical Conduct, Nys Board Of Professional Medical Conduct, George Russel Autz Md in his official capacity as member of the New York Board of Professional Medical Conduct, Roseanne C Berger M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Roosevelt Boursiquot M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lawrence J. Epstein M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lynn Gladys Mark M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Marian Goldstein in his official capacity as public member of the New York Board of Professional Medical Conduct, Martha Grayson M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Elisabeth Benson Guthrie in his official capacity as public member of the New York Board of Professional Medical Conduct, Sumathi Kashinathan M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Kathleen S. Lil Pa in her official capacity as member of the New York Board of Professional Medical Conduct, Robert G Lerner in his official capacity as public member of the New York Board of Professional Medical Conduct, Joann Marino in her official capacity as public member of the New York Board of Professional Medical Conduct, Louis J. Pappa M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Maria Plummer M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Swaminathan Rajan M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Ramanathan Raju M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Najeeb Rehman M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Sumir Sahgal M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Arash Salemi M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Nancy Sapio M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Neeta Minal Shah M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Rahul Sharma M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Amit M. Shelat M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Greg Shuts Pa in his official capacity as member of the New York Board of Professional Medical Conduct, Robert R. Walther M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, David Wlody M.D. in his official capacity as member of the New York Board of Professional Medical ConductSpecial Proceedings - CPLR Article 78 document preview
  • Michael Gurevich Md v. Mary T. Bassett M.D. in her official capacity as Commissioner, NYS Dept. of Health, Shelly Wong Bandago in her official capacity as director, NYS Office of Professional Medical Conduct, Nys Office Of Preofessional Medical Conduct, Nys Board Of Professional Medical Conduct, George Russel Autz Md in his official capacity as member of the New York Board of Professional Medical Conduct, Roseanne C Berger M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Roosevelt Boursiquot M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lawrence J. Epstein M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lynn Gladys Mark M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Marian Goldstein in his official capacity as public member of the New York Board of Professional Medical Conduct, Martha Grayson M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Elisabeth Benson Guthrie in his official capacity as public member of the New York Board of Professional Medical Conduct, Sumathi Kashinathan M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Kathleen S. Lil Pa in her official capacity as member of the New York Board of Professional Medical Conduct, Robert G Lerner in his official capacity as public member of the New York Board of Professional Medical Conduct, Joann Marino in her official capacity as public member of the New York Board of Professional Medical Conduct, Louis J. Pappa M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Maria Plummer M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Swaminathan Rajan M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Ramanathan Raju M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Najeeb Rehman M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Sumir Sahgal M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Arash Salemi M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Nancy Sapio M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Neeta Minal Shah M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Rahul Sharma M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Amit M. Shelat M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Greg Shuts Pa in his official capacity as member of the New York Board of Professional Medical Conduct, Robert R. Walther M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, David Wlody M.D. in his official capacity as member of the New York Board of Professional Medical ConductSpecial Proceedings - CPLR Article 78 document preview
  • Michael Gurevich Md v. Mary T. Bassett M.D. in her official capacity as Commissioner, NYS Dept. of Health, Shelly Wong Bandago in her official capacity as director, NYS Office of Professional Medical Conduct, Nys Office Of Preofessional Medical Conduct, Nys Board Of Professional Medical Conduct, George Russel Autz Md in his official capacity as member of the New York Board of Professional Medical Conduct, Roseanne C Berger M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Roosevelt Boursiquot M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lawrence J. Epstein M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lynn Gladys Mark M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Marian Goldstein in his official capacity as public member of the New York Board of Professional Medical Conduct, Martha Grayson M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Elisabeth Benson Guthrie in his official capacity as public member of the New York Board of Professional Medical Conduct, Sumathi Kashinathan M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Kathleen S. Lil Pa in her official capacity as member of the New York Board of Professional Medical Conduct, Robert G Lerner in his official capacity as public member of the New York Board of Professional Medical Conduct, Joann Marino in her official capacity as public member of the New York Board of Professional Medical Conduct, Louis J. Pappa M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Maria Plummer M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Swaminathan Rajan M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Ramanathan Raju M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Najeeb Rehman M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Sumir Sahgal M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Arash Salemi M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Nancy Sapio M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Neeta Minal Shah M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Rahul Sharma M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Amit M. Shelat M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Greg Shuts Pa in his official capacity as member of the New York Board of Professional Medical Conduct, Robert R. Walther M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, David Wlody M.D. in his official capacity as member of the New York Board of Professional Medical ConductSpecial Proceedings - CPLR Article 78 document preview
  • Michael Gurevich Md v. Mary T. Bassett M.D. in her official capacity as Commissioner, NYS Dept. of Health, Shelly Wong Bandago in her official capacity as director, NYS Office of Professional Medical Conduct, Nys Office Of Preofessional Medical Conduct, Nys Board Of Professional Medical Conduct, George Russel Autz Md in his official capacity as member of the New York Board of Professional Medical Conduct, Roseanne C Berger M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Roosevelt Boursiquot M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lawrence J. Epstein M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lynn Gladys Mark M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Marian Goldstein in his official capacity as public member of the New York Board of Professional Medical Conduct, Martha Grayson M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Elisabeth Benson Guthrie in his official capacity as public member of the New York Board of Professional Medical Conduct, Sumathi Kashinathan M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Kathleen S. Lil Pa in her official capacity as member of the New York Board of Professional Medical Conduct, Robert G Lerner in his official capacity as public member of the New York Board of Professional Medical Conduct, Joann Marino in her official capacity as public member of the New York Board of Professional Medical Conduct, Louis J. Pappa M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Maria Plummer M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Swaminathan Rajan M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Ramanathan Raju M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Najeeb Rehman M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Sumir Sahgal M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Arash Salemi M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Nancy Sapio M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Neeta Minal Shah M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Rahul Sharma M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Amit M. Shelat M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Greg Shuts Pa in his official capacity as member of the New York Board of Professional Medical Conduct, Robert R. Walther M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, David Wlody M.D. in his official capacity as member of the New York Board of Professional Medical ConductSpecial Proceedings - CPLR Article 78 document preview
  • Michael Gurevich Md v. Mary T. Bassett M.D. in her official capacity as Commissioner, NYS Dept. of Health, Shelly Wong Bandago in her official capacity as director, NYS Office of Professional Medical Conduct, Nys Office Of Preofessional Medical Conduct, Nys Board Of Professional Medical Conduct, George Russel Autz Md in his official capacity as member of the New York Board of Professional Medical Conduct, Roseanne C Berger M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Roosevelt Boursiquot M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lawrence J. Epstein M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lynn Gladys Mark M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Marian Goldstein in his official capacity as public member of the New York Board of Professional Medical Conduct, Martha Grayson M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Elisabeth Benson Guthrie in his official capacity as public member of the New York Board of Professional Medical Conduct, Sumathi Kashinathan M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Kathleen S. Lil Pa in her official capacity as member of the New York Board of Professional Medical Conduct, Robert G Lerner in his official capacity as public member of the New York Board of Professional Medical Conduct, Joann Marino in her official capacity as public member of the New York Board of Professional Medical Conduct, Louis J. Pappa M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Maria Plummer M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Swaminathan Rajan M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Ramanathan Raju M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Najeeb Rehman M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Sumir Sahgal M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Arash Salemi M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Nancy Sapio M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Neeta Minal Shah M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Rahul Sharma M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Amit M. Shelat M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Greg Shuts Pa in his official capacity as member of the New York Board of Professional Medical Conduct, Robert R. Walther M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, David Wlody M.D. in his official capacity as member of the New York Board of Professional Medical ConductSpecial Proceedings - CPLR Article 78 document preview
  • Michael Gurevich Md v. Mary T. Bassett M.D. in her official capacity as Commissioner, NYS Dept. of Health, Shelly Wong Bandago in her official capacity as director, NYS Office of Professional Medical Conduct, Nys Office Of Preofessional Medical Conduct, Nys Board Of Professional Medical Conduct, George Russel Autz Md in his official capacity as member of the New York Board of Professional Medical Conduct, Roseanne C Berger M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Roosevelt Boursiquot M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lawrence J. Epstein M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Lynn Gladys Mark M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Marian Goldstein in his official capacity as public member of the New York Board of Professional Medical Conduct, Martha Grayson M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Elisabeth Benson Guthrie in his official capacity as public member of the New York Board of Professional Medical Conduct, Sumathi Kashinathan M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Kathleen S. Lil Pa in her official capacity as member of the New York Board of Professional Medical Conduct, Robert G Lerner in his official capacity as public member of the New York Board of Professional Medical Conduct, Joann Marino in her official capacity as public member of the New York Board of Professional Medical Conduct, Louis J. Pappa M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Maria Plummer M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Swaminathan Rajan M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Ramanathan Raju M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Najeeb Rehman M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Sumir Sahgal M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Arash Salemi M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Nancy Sapio M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Neeta Minal Shah M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Rahul Sharma M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, Amit M. Shelat M.D. in her official capacity as member of the New York Board of Professional Medical Conduct, Greg Shuts Pa in his official capacity as member of the New York Board of Professional Medical Conduct, Robert R. Walther M.D. in his official capacity as member of the New York Board of Professional Medical Conduct, David Wlody M.D. in his official capacity as member of the New York Board of Professional Medical ConductSpecial Proceedings - CPLR Article 78 document preview 
						
                                
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                                FILED: NEW YORK COUNTY CLERK 02/06/2023 10:54 PM                                                INDEX NO. 151205/2023
NYSCEF DOC. NO. 21                                                                        RECEIVED NYSCEF: 02/06/2023




          SUPREME COURT, NEW YORK STATE
          NEW YORK COUNTY
          ----------------------------------------------------------------X
          MICHEL GUREVICH M.D.                                                Index No.

                                                                              PETITIONER'S AFFIDAVIT
                                                                              IN SUPPORT OF RTELIEF
                                                                              SOUGHT IN THE VERIFIED
                                             Petitioner/Plaintiff,            PETITION AND IN FURTHER
                                                                              SUPPORT FOR MOTION FOR
          Mary T. Bassett M.D. – in her official capacity                     INTERIM RELIEF PURSUANT
          as Commissioner, NYS Dept. of Health;                               CPLR §7805 AND §6311.
          NYS Department of Health; Shelly Wong Bandago
          in her official capacity as director
          of NYS Office of Professional Medical Conduct;
          NYS Office of Professional Medical Conduct;
          NYS Board of Professional Medical Conduct;
          George Russel Autz M.D.; Roseanne C. Berger M.D.;
          Roosevelt Boursiquot M.D.; Lawrence J. Epstein M.D.;
          Lynn Gladys Mark D.O.; Marian Goldstein,
          Public Member; Martha Grayson M.D.; Elisabeth
          Benson Guthrie, Public Member; Sumathi Kasinathan
          M.D.; Kathleen S. Lill, PA; Robert G. Lerner
          Public Member; JoAnn Marino, Public Member;
          Louis J. Papa M.D.; Maria Plummer M.D.; Swaminathan
          Rajan M.D.; Ramanathan Raju M.D.; Najeeb Rehman M.D.;
          Sumir Sahgal M.D., Arash Salemi M.D.; Nancy
          Sapio M.D.; Neeta Minal Shah M.D.; Rahul Sharma M.D.;
          Amit M. Shelat M.D.; Greg Shutts, PA –
          Robert R. Walther M.D.; David Wlody M.D., the last
          twenty five individual Respondents being sued herein in
          their official capacity as respective members of the
          New York Board of Professional medical Conduct;

                                           Respondents/Defendants.

          -------------------------------------------------------------X
          STATE OF NEW YORK                   )
                                              )
          COUNTY OF NASSAU                    )

                  Michael Gurevich M.D. being duly sworn deposes and says:




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                  1.     I am the Petitioner/Plaintiff in the in the verified Petition captioned matter and as

          such I am fully and personally familiar with all of the facts and circumstances surrounding this

          litigation.

                  2.     I submit this affidavit in support of the underlying relief sought in the Verified

          Petition and in further support of my application for interim injunctive relief.

                  3.     I have read the Verified Petition and incorporate all of the recited facts by reference

          herein. I know the facts stated in the Verified the Petition to be true to the best of my knowledge.

                  4.     This affidavit also contains facts in support of my application for a stay of

          disciplinary proceedings and for a preliminary injunction staying and, in the alternative,

          preliminarily enjoining Respondents' continued prosecution of the charges filed against me - EX

          1 - based upon the fact that the prosecution is based exclusively upon my use of non-conventional

          treatment modalities which were used in the treatment of my patients.

                  5.     In this affidavit I will elaborate the foregoing facts as they are known to me and as

          they appear from the face of all of the documents a submitted in support of the Verified Petition.

                  6.     The facts as stated in the Verified Petition are incorporated by reference herein.

                  7.     The central issue in this proceeding is whether the administrative record supports

          the filing of the Statement of Charges EX and my prosecution in derogation of PHL Sec. 230(9-

          b). As a derivative issue to the main question is the issue of whether the record demonstrates that

          the prosecution is in fact a retaliatory prosecution for my use of non-conventional treatment

          modalities and whether it is predicated exclusively upon my use of such non-conventional

          treatment modalities which are exempt from administrative prosecution pursuant to PHL Sec.

          230(9-b) and Education law Sec. 6527(4)(e).




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                 8.      The answer to all of the foregoing issues is that the administrative record reflects

          that the Statement of Charges in the case of patients B through E is exclusively predicated upon

          my use of non-conventional treatment modalities. In addition, the administrative record reflects

          that in the case of patient A, most of the charges are predicated upon my use of non-conventional

          modalities.

                 9.      A consideration of the administrative record and judicial scrutiny applied to the

          same is therefore necessary to determining if the decision to prosecute me under the existing

          Statement of Charges is arbitrary and capricious and contrary to law and unsupported by the

          administrative record.

                 10.      The Verified Petition at ¶¶28 through 143 discusses in detail the contents of the

          administrative record and the reason why the same does not support the filing of the statement of

          charges in their current format. The same allegations are incorporated herein by reference.

                 11.     The Verified Petition at ¶¶143 through 195 discusses in detail why the charges are

          predicated exclusively upon my recommendation of non-conventional medicine treatment

          modalities and why the charges are unsupported by the administrative record. The same allegations

          are incorporated herein by reference.

                 12.     Succinctly stated, the respondents are seeking to discipline me for offering and

          administering ozone therapy to all patients. The central theme to all allegations is that the non-

          conventional therapies have no proven efficacy to any known psychiatric or medical conditions

          and that in some cases it poses a risk to the patients. See Verified Petition at ¶¶143 through 195.

                 13.     The allegation of inappropriately recommending and/or providing the non-

          conventional modality of ozone therapy in the absence of any indication of what medical or




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          psychiatric condition being treated and without evidence of its effectiveness for any condition is

          common is common to all patients. A(3); (B)(1); C(1); D(1) and E(1).

                  14.    The language in the charges vary with respect to the central charges of

          recommending and providing ozone therapy but the crux of it is the same.

                  15.    Paragraph A(3) states that intravenous ozone therapy was inappropriately

          recommended and provided “without clear indication of what medical or psychiatric condition

          was being treated and without evidence of its effectiveness for any condition.

                  16.    Paragraphs B(1), C(1) (D)(1) and (E)(1) all state that intravenous ozone therapy

          was “inappropriately recommended, ordered and/or provided since there are no known medical or

          psychiatric conditions that create a legitimate medical basis to provide such treatment and the

          treatments raised the potential risk of harm to the patient.

                  17.    Public Health Law Sec. 230(9-b) prohibits the filing of charges against a licensee

          based upon the practitioner’s recommendation and use of non-conventional modalities.

                  18.    The charges in paragraphs A(1), B(1), C(1) D(1) and E(1) regarding my use,

          ordering and recommendation of the “intravenous ozone therapy” is unsupported by the

          administrative record.

                  19.    There is no direct IV administration of ozone by all counts. Nowhere in the

          administrative record is it indicated that I provide IV Ozone therapy in general or to any of the

          patients.

                  20.    Both me and the OPMC expert state in no uncertain terms that the procedure by

          which I administered ozone to the patient is not direct IV administration. At pages 1 of 5 and 2 of

          5 of the second interview report EX 13 I discussed the auto hemolytic process involved with the

          administration of ozone therapy. In a nutshell, he explained that 10-15 cc of blood is taken from




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          the patient, and it is into a bag so saline with other agents which includes ozone or homeopathic

          medication and the bag itself may undergo ultra violet irradiation. The mixture of the bag is then

          reinfused into the patient. “I specifically explained that ozone is NEVER injected directly into the

          vein because of the risk of embolism.” EX 13 p. 2.

                 22.     Defendants’ expert agrees. In the final report of October 24, 2020 - EX 15 hereto

          expert”2 repeatedly discusses in no uncertain terms at pp. 126-129 that I do not use IV infusion

          for ozone therapy but I use the auto hemolytic procedure described in above and in the second

          report of interview EX 13, which reduces the risk of embolism.

                 23.     Therefore, by all accounts the administrative record as reflected by the Expert’s

          report of October 24, 2020 EX 15 and by the second report of Interview dated April 8, 2021 EX

          13, I do not administer IV ozone to any of my patients.

                 24.     Consequently, the charges in paragraphs A(1), B(1), C(1) D(1) and E(1) regarding

          my alleged use of "intravenous ozone" are unsupported by the administrative record, and violate

          the provisions of PHL Sec. 230(b-2).

                 25.     In addition, the charges constitute bad faith harassment prosecution as they are

          aimed at harassing me for providing non-conventional modality of ozone therapy to his patients.

                 26.     The Plaintiff has a constitutional due process right to be free from bad faith

          prosecution.

                 26.     The common charges regarding the allegations pertaining to patient A through E

          that I “inappropriately recommended, ordered and/or provided ozone therapy since there are no

          known medical or psychiatric conditions that create a legitimate medical basis to provide such

          treatment or that the efficacy of such treatment has not been proven for any condition" are




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          precluded by the provisions of PHL Sec. 230(9-b) and are unsupported by the administrative

          record.

                    27.   As set forth in the Verified Petition, Expert No. 2 specifically states in his report of

          October 24, 2020 EX 15 at p. 126 that “”if a treatment is unconventional but safe and the patient

          is making and informed consent, then I believe incorporating that treatment into care is reasonably

          within the standard of care even when the treatment itself is unusual or unconventional.”. The

          expert also states, “although there is little or no evidence of the effectiveness for most of the

          treatments being offered, it does appear that his patients are adequately informed and actively

          choosing an unconventional approach."

                    28.    In this case not only that the provisions of PHL Sec. 230(9-b) prohibits the

          defendants from taking aim at my use of non-conventional modalities and create the illusion that

          they have no medical basis or there is no evidence for the efficacy of the treatment, but defendants’

          expert himself, in his report which is part of the administrative record states that the incorporation

          of non-conventional treatments is within the standard of care irrespective of the proven or

          unproven efficacy of the same. However as stated by me in the second report of interview EX

          13, the efficacy of the ozone therapy was proven to have great efficacy on all of the patients subject

          to the statment of charges and the Expert #2 does not dispute the same in his final report of October

          24, 2020 (EX 15).

                    29.   With respect to ozone therapy in particular Expert #2 states in his report of February

          25, 2020, EX 9 at p. 113 ozone therapy is not a specifically dangerous.

                    30.   The allegations regarding the creation of risk through the recommendation and

          administration of ozone is similarly not supported by the medical record.




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                 31.     As discussed in the Verified Petition , the administrative record does not support

          the statement of charges common to patient B through E regarding the creation of risk by

          recommending and providing ozone therapy to these patients.

                 32.     The risks identified by Expert #2 in the October 24, 2020 report EX 15 at pp. 126

          to 129 relate to irrelevant FDA statements which ironically are included in a regulation which

          regulates the output of ozone in medical devices. I clearly stated that I do not use those medical

          devices for the administration of ozone. In addition, the FDA inflammatory language is of no

          moment to the practice of medicine.

                 33.     The remaining risks identified by Expert #2 in his October 24, 2020 report at pp.

          126-129 EX 15 as being associated with ozone therapy pertains to administration methodology

          that, by expert’s own admissions, I not use.

                 34.     Therefore not only that the filing of the charges regarding ozone therapy at

          paragraphs A(3), B(1), C(1) D(1) and E(1) are unsupported by the administrative record which

          included defendants’ own expert report and the second report of interview. The allegations are also

          barred by PHL Sec. 230(9-b) because they take aim exclusively at my recommendation and

          provisions of a non-conventional modality and nothing else.

                 Allegations common to patients A and B regarding the
                 recommendation and/or provision of hydrogen peroxide
                 are not supported by the administrative record and
                 are also barred by PHL Sec. 230(9-b).


                 35.     At paragraphs A(3)and       B(1), the defendants state that I      “inappropriately

          recommended and/or provided and/or ordered intravenous Hydrogen Peroxide without clear

          indication of what medical or psychiatric condition that create a legitimate medical basis for




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          providing such treatments. At paragraph B(1) the defendants allege that the treatment raised a

          potential risk of harm.

                 36.     This charge is not supported by the administrative record for all of the reasons

          articulated in the Verified Petition . Specifically, in the second interview report EX 13 p. 2 I

          specifically states that I do not provide intravenous Hydrogen Peroxide. I explained that I mix the

          3% concentrate of Hydrogen Peroxide into a saline bag and then I reinfuse it into the patient. EX

          13 p. 2. The expert does not contend anywhere in his October 24, 2020 report that this procedure

          creates any risks at all. EX 15.

                 37.     The administrative record also does not support the “risk of harm” allegation for all

          the reasons set forth in the Verified Petition . Specifically, there is no specific “risk of harm

          identified with Hydrogen Peroxide in Expert #2’s report of October 24, 2020 EX 15. He only

          articulates the risk of harm in connection with his report of for patient A dated February 25, 2020

          EX 9 in which he articulates vaguely that the risk is presented by a "high concentration" of

          Hydrogen Peroxide on infusion. He states that low concentration of Hydrogen Peroxide do not

          present any risks while higher concentrations may present a risk. EX 15 p. 126.

                 38.     However, as set forth in the Verified Petition , the concentrate Hydrogen peroxide

          of 3% used by me as documented in the administrative record – second interview report EX 13 at

          p. 2 - is well below the concentrate limits of 9% documented by scientific articles. EX 17 hereto.

                 39.     For all the foregoing reasons the allegations related to my recommendation and

          provision of Hydrogen Peroxide is not supported by the administrative record. The allegations are

          also barred by PHL Sec. 230(9-b) because they take aim exclusively at my recommendation and

          provisions of a non-conventional modality and nothing else.




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                 Allegations regarding the recommendation
                 and provision of auto hemolytic therapy are
                 not supported by the administrative record
                 and are barred by PHL Sec. 230(9-b).


                 40.     In paragraph B(1) the defendants state that I “inappropriately recommended and/or

          provided and/or ordered auto hemolytic without clear indication of what medical or psychiatric

          condition that create a legitimate medical basis for providing such treatments. At paragraph B(1)

          the defendants allege that the treatment raised a potential risk of harm.

                 41.     The administrative record does not support these allegations for the reasons

          articulated in the Verified Petition . Specifically, the expert’s report of October 24, 2020 EX 15

          attributes this procedure to the injection of procaine and echinacea which I do not do. The

          purported “risks” associated with this procedure are unspecified, though they seem to be attributed

          to injections of procaine.

                 42.     I speak of this procedure as being associated with the drawing of the patient’s blook

          and its reinjection subcutaneously into the patient’s muscles. EX 13 - report of second interview.

          The auto hemolytic procedure which I use dose not involve injections of procaine.

                 43.     For all the foregoing reasons the allegations related to my recommendation and

          provision of Hydrogen Peroxide is not supported by the administrative record. The allegations are

          also barred by PHL Sec. 230(9-b) because they take aim exclusively at my recommendation and

          provisions of a non-conventional modality and nothing else.




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                   Allegations regarding the recommendation
                   and provision of auto phenylbutyrate are
                   not supported by the administrative record
                   and are barred by PHL Sec. 230(9-b).


                   44.    At paragraphs B(2) and E(2) the defendants allege that I            “inappropriately

          recommended, ordered and/or provided intravenous Phenylbutyrate, which is approved as

          treatment for hyperammonemia in patients with urea cycle disorders where rare genetic enzyme

          deficiencies are present, without appropriate medical indication and, without expertise in

          managing urea cycle disorders and/or without proper diagnostic evaluation and monitoring”.

                   45.    The administrative record fails to render any support to this allegations for all of

          the reasons articulated hereinabove which are incorporated by reference herein.

                   46.    The allegations are also barred by PHL Sec. 230(9-b) because they take aim

          exclusively at my recommendation and provisions of a non-conventional modality and nothing

          else.

                   Allegations regarding the recommendation
                   and provision of auto urine therapy are
                   not supported by the administrative record
                   and are barred by PHL Sec. 230(9-b).

                   47.    At paragraph A(4) of the Statement of Charges, the defendants state that I

                   “inappropriately recommended Auto urine therapy, without clear indication whether it was

          recommended as a topical treatment, or for some other purpose, and without evidence of its

          effectiveness for any condition, and failed to maintain a medical record that accurately reflects the

          care”.

                   48.    The only place in the administrative record where auto urine is spoken about is

          Expert #2’s report of February 25, 2020 EX 9 p. 113 at paragraph 5. The expert states that “it is

          not clear if this was for topical treatment of the wound – which is one of the purported uses of



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          urine therapy – or for some other reason.” While making the same admissions that it not clear for

          the expert what the manners of application of auto urine was, he goes on to hypothesize that

          ingestion or topical use of auto urine has no evidence of effectiveness.

                  49.    In effect the expert says that urine should neither be drunk nor applied on a wound.

          However, he cites no evidence that auto urine was applied in any manner hypothesized by him in

          the report.

                  50.    Most significantly, procedural issues bar the filing of the charges regarding auto

          urine, as set forth in the Verified Petition. As it can be seen from the letters scheduling both

          interviews EX 7 and EX 12, none of the letters identified auto urine as one of the issues to be

          discussed at either one of the interviews. Moreover the Reports of Interview EX 8 and EX 13 do

          not identify any discussion regarding this modality by anyone.

                  51.    Because, as it can be seen from the Verified Petition, offering an interview to

          discuss the physician’s medical conduct in issue and identifying the issues to be at the interview

          are both a statutory prerequisite to convening an investigation committee regarding the specific

          conduct, and because the consent and concurrence of a majority of the investigative committee is

          needed for the Director to facilitate the filing of charges, the allegations regarding the issue of

          auto urine cannot be filed since the statutory pre requisite of were not met.

                  Charges regarding record keeping violations
                  related to patients B through E are unsupported
                  by the administrative record.

                  52.    In an apparent attempt to evade judicial scrutiny under PHL Sec. 230(9-b) for filing

          charges which are based solely upon my recommendation and use of non-conventional therapies,

          the defendants added across the board record keeping violations regarding patients B and E.




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