Preview
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
EXHIBIT A
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
THE DEARIE LAW FIRM, e.c.
WWW.DEARIELAW.COM
MANHATTAN OFFICE
515 MADISONAVE, 16th
NEW YORK,NY 10022
T: 212-980-0404 F: 212-980-0555
November 30, 2022
Connors & Connors, P.C. . . .
766 Castelton Avenue
Staten Island, NY 10310
Law Offices of Michael Ferro & Associates
2 Huntington Quadrangle, Suite 2N01
Melville, NY 11747
Case: Foy v. Shaw
Index No.: 721838/2021
Our Client: George Foy
Our File No.: 5533
Dear Counselor(s):
As you are aware, this office represents Plaintiff, George Foy, in the above-referenced
matter.
Enclosed, please find Plaintiff's RESPONSE TO POST EBT DEMAND FOR
DISCOVERY and RESPONSE TO DEMAND FOR DISCOVERY.
If there are any questions, or to discuss this matter further, please do not hesitate to
contact me at ms@dearielaw.com or (212) 980-0404 x103.
Yours, etc.,
THE DEARIE LAW FIRM, P.C.
By: Marc Schauer, Esq.
Attorneys for Plaintiff(s)
George Foy
515 Madison Avenue, 16th Floor
New York, NY 10022
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_____________________________---____________________________________Ç
GEORGE ---
FOY,
Index No.: 721838/2021
Plaintiff,
RESPONSE TO POST EBT
-against- DEMAND FOR
DISCOVERY
JAMES MICHAEL SHAW and GAIL RAVENELL,
Defendants.
_______________________________________..____________________________Ç
Plaintiff, by his attorneys, THE DEARIE LAW FIRM, P.C., responding to the Post
EBT Demand for Discovery of defendant, JAMES M. SHAW, responds, upon information and
belief, as follows:
A. Please find attached an authorization to obtain Plaintiff's employment records from
LaserShip.
B. Plaintiff objects to this request because Plaintiff is not self-employed.
C. Please find attached authorization for the following:
a. CitiMed;
b. Hudson Regional;
c. PMR;
D. Plaintiff is still investigating the total amount of all liens. Plaintiff will supplement this
response at a later date.
E. Plaintiff objects to the request for social media information as overbroad and nothing
more than a fishing expedition.
PLEASE TAKE FURTHER NOTICE, that Plaintiff reserves the right to challenge the
competency, relevancy, materiality and admissibility of, or to object on any grounds to the use of,
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
any of the documents and/or information at the trial of this action or any other action or proceeding
whether now pending or subsequently commenced.
Dated: New York, New York
November 30, 2022
THE DEARIE AW FIRM, P.C.
Marc S. Schauer, Esq.
Attorneys for Plaintiff
GEORGE FOY
16th
515 Madison Ave, Floor
New York, New York 10022
212-980-0404
To: The Law Office of Michael Ferro & Associates
2 Huntington Quadrangle
Suite 2N01
Melville, NY 11747
Connors & Connors, P.C.
766 Castelton Avenue
Staten Island, NY 10310
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
AFFIDAVIT OF SERVICE
STATE OF NEW YORK }
} SS.
COUNTY OF NEW YORK }
Shannel Pilay, being duly sworn, says:
I am not a party to this action, am over 21 years of age and I reside in the County of Kings,
State of New York.
On November 30, 2022, I served the within:
RESPONSE TO POST EBT DEMAND FOR DISCOVERY
upon:
Connors & Connors, P.C.
766 Castelton Avenue
Staten Island, NY 10310
Law Offices of Michael Ferro & Associates
2 Huntington Quadrangle, Suite 2N01
Melville, NY 11747
the address designated by said party for this purpose, by depositing a true copy of same in a post-
paid properly addressed wrapper, in an official depository under the exclusive care and custody
of the U.S. Postal Service within the State of New York.
Shannel Pilay U
Sworn to before me this November 30, 2022
Nota Public QiNG SHl LU
Notary Public, State of NewYork
Reg. No. 01LU6399394
Qualifiedin Kings County
commission Expires 10/21/2023.
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
Index No.: 721838/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
______________________________________________________________________Ç
GEORGE FOY,
Plaintiff(s),
-against-
JAMES MICHAEL SHAW and GAIL RAVENELL,
Defendant(s).
________________________________________---__________________________Ç
RESPONSE TO POST EBT DEMAND FOR DISCOVERY
______________________________________________________________________Ç
THE DEARIE LAW FIRM, P.C.
16th
515 Madison Avenue, F100r
New York, New York 10022
212-980-0404
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
AUTHORIZATIONS
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
OCA Official Form No.: 960
AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA
[This form has been approved by the New York State Department of Health]
Patient Name Date of Birth Social Security Number
George Foy
Patient Address
I, or my authorized representative, request that health information regarding my care and treatment be released as set forth on this form:
In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996
(HIPAA), I understand that:
1. This authorization .may include disclosure of information relating to ALCOHOL and DRUG ABUSE, MENTAL HEALTH
except psychotherapy notes, and CONFIDENTIAL HIV* RELATED INFORMATION
TREATMENT, only if I place my initials on
the appropriate line in Item 9(a). In the event the health information described below includes any of these types of information, and I
initial the line on the box in Item 9(a), I specifically authorize release of such information to the person(s) indicated in Item 8.
2. If I am authorizing the release of HIV-related, alcohol or drug treatment, or mental health treatment information, the recipient is
prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I
understand that I have the right to request a list of people who may receive or use my HIV-related information without authorization. If
I experience discrimination because of the release or disclosure of HIV-related information, I may contact the New York State Division
of Human Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are
responsible for protecting my rights.
3. I have the right to revoke this authorization at any time by writing to the health care provider listed below. I understand that I may
revoke this authorization except to the extent that action has already been taken based on this authorization.
4. I understand that signing this authorization is voluntary. My treatment, payment, enrollment in a health plan, or eligibility for
benefits will not be conditioned upon my authorization of this disclosure.
5. Information disclosed under this authorization might be redisclosed by the recipient (except as noted above in Item 2), and this
redisclosure may no longer be protected by federal or state law.
6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL
CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b).
7. Name and address of health provider or entity to release this information:
- 1912 Woodford VA 22182
LaserShip Company Road, Vienna,
8. Name and address of person(s) or category of person to whom this information will be sent:
The Law Office of Michael Ferro & Associates - 2 Huntington Quadrangle, Suite Melville, NY 11747
2N01,
9(a). Sp ic information to be released:
Medical Record from (insert date) 03/14/2021 to (insert date) Present
O Entire Medical Record, including patient histories, office notes (except psychotherapy notes), test results, radiology studies, films,
referrals, consults, billing records insuranc records, and records sent to you by other health care providers.
84tÅ'
Other: / 0 f fDr - Include: (Indicate by Initialing)
Alcohol/Drug Treatment
Mental Health Information
Authorization to Discuss Health Information HIV-Related Information
(b) O By initialing here I authorize
Initials Name of individual heahh care provider
to discuss my health information with my attorney, or a governmental agency, listed here:
(Attorney/Firm Name or Govemmental Agency Name)
10. Reason for release of information: I 1. Date or event on which this authorization will expire:
O %quest of individual
Other: Litigation Conclusion of Litigation
12. If not the patient, name of person signing form: 13. Authority to sign on behalf of patient:
Marc Schauer, Esq. Power of Attorney
All items on this form have been completed and my questions about this form have been answered. In addition, I have been provided a
copy of the form.
Date:
Signature of patient o re resentative authorized by law.
* Human Immunodeficiency Virus that causes AIDS. The New York State Public Health Law protects information which reasonably could
identify someone as having HIV symptoms or infection and information regarding a person's contacts.
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
DURABLE POWER OF ATTORNEY TO EXECUTE A WRITTEN REQUEST FOR PATIENT
INFORMATION UNDER SECTION 18 OF THE NEW YORK STATE PUBLIC HEALTH LAW
This document does not authorize anyone to make medical or other health care decisions. You may
execute a health care proxy to do this.
This is intended to constitute a Durable Power of Attorney to execute a written request for patient
information under Section 18 of the New York State Public Health Law:
1, George Foy , residing at do
appoint The Dearie Law P.C. - 515 Madison 16"' New York,
hereby Firm, Avenue, Floor, NY 10022,
as my attorneys-in-fact to execute a written request for patient information under Section 18 of the New
York State Public Health Law, in my name, place and stead in any way which I myself could do, if I were
personally present.
This durable Power of Attorney shall not be affected by my subsequent disability or incompetence.
To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed
copy or facsimile of this instrument may act hereunder, and that revocation or termination hereof shall be
ineffective as to such third party unless and until actual notice or knowledge of such revocation or
termination shall have been received by such third party, and I for myself and for my heirs, executors,
legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from
and against any and all claims that may arise against such third party by reason of such third party having
relied on the provisions of this instrument.
This Durable Power of Attomey may be revoked by me at any time.
In Witness whereof I have hereunto signed my name this 20th day of May , 2021
i nature
Sworn to before me this
20th day of May , 20_2_1
AUSTIN RYAN LANDI
32 B
Qualifiedin Bronx County
Commission Expires April 13, 2023
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
OCA Official Form No.: 960
AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA
[This form has been approved by the New YorkState Department of Health]
Patient Name Date of Birth Social Security Number
George Foy
Patient Address
I, or my authorized representative, request that health information regarding my care and treatment be released as set forth on this form:
In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996
(HIPAA), I understand that:
L This authorization..may.include disclosure of information relating to ALCOHOL and .DRUG ABUSE, MENTAL HEALT.H
except psychotherapy notes, and CONFIDENTIAL HIV* RELATED
TREATMENT, INFORMATION only if I place my initials on
the appropriate line in Item 9(a). In the event the health information described below includes any of these types of information, and I
initial the line on the box in Item 9(a), I specifically authorize release of such information to the person(s) indicated in Item 8.
2. If I am authorizing the release of HIV-related, alcohol or drug treatment, or mental health treatment information, the recipient is
prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I
understand that I have the right to request a list of people who may receive or use my HIV-related information without authorization. If
I experience discrimination because of the release or disclosure of HIV-related information, I may contact the New York State Division
of Human Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are
responsible for protecting my rights.
3. I have the right to revoke this authorization at any time by writing to the health care provider listed below. I understand that I may
revoke this authorization except to the extent that action has already been taken based on this authorization.
4. I understand that signing this authorization is voluntary. My treatment, payment, enrollment in a health plan, or eligibility for
benefits will not be conditioned upon my authorization of this disclosure.
5. Information disclosed under this authorization might be redisclosed by the recipient (except as noted above in Item 2), and this
redisclosure may no longer be protected by federal or state law.
6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL
CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b).
7. Name and address of health provider or entity to release this information:
- 1912 Woodford VA 22182
LaserShip Company Road, Vienna,
8. Name and address of person(s) or category of person to whom this information will be sent:
Connors & Connors, P.C. - 766 Castelton Avenue, Staten Island, NY 10310
9(a). pecific informationto be released:
Medical Record from (insert date) 03/14/2021 to (insert date) Present
Entire Medical Record, including patient histories, office notes (except psychotherapy notes), test results, radiology studies, films,
referrals, consulty, billing records, insurance ecords, and records sent to you by other health care providers.
Other: IC /AGAt ro..-CBC . Include: (Indicate by Initialing)
Alcohol/Drug Treatment
Mental Health Information
Authorization to Discuss Health Information HIV-Related Information
(b) O By initialing here I authorize
Initials Name of individual health care provider
to discuss my health information with my attorney, or a governmental agency, listed here:
(Attomey/Firm Name or Governmental Agency Name)
10. Reason for release of information: 11. Date or event on which this authorization will expire:
O request of individual
Other: Litigation Conclusion of Litigation
12. If not the patient, name of person signing form: 13. Authority to sign on behalf of patient:
Marc Schauer, Esq. Power of Attorney
All items on this form have been completed and my questions about this form have been answered. In addition, I have been provided a
copy of the form.
Signature of patien r ep sentative authorized by law.
* Human Immunodeficiency Virus that causes AIDS. The New York State Public Health Law protects information which reasonably could
identify someone as having HIV symptoms or infection and information regarding a person's contacts.
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
DURABLE POWER OF ATTORNEY TO EXECUTE A WRITTEN REQUEST FOR PATIENT
INFORMATION UNDER SECTION 18 OF THE NEW YORK STATE PUBLIC HEALTH LAW
This document does not authorize anyone to make medical or other health care decisions. You may
execute a health care proxy to do this.
This is intended to constitute a Durable Power of Attorney to execute a written request for patient
information under Section I 8 of the New York State Public Health Law:
I, George Foy , residing at do
appoint The Dearie Law P.C. - 515 Madison 16* New York, NY 10022,
hereby Firm, Avenue, Floor,
as my attorneys-in-fact to execute a written request for patient information under Section I8 of the New
York State Public Health Law, in my name, place and stead in any way which I myself could do, if I were
personally present.
Tllis durable Power of Attorney shall not be affected by my subsequent disability or incompetence.
To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed
copy or facsimile of this instrument may act hereunder, and that revocation or termination hereofshall be
ineffective as to such third party unless and until actual notice or knowledge of such revocation or
termination shall have been received by such third party, and I for myself and for my heirs, executors,
legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from
and against any and all claims that may arise against such third party by reason of such third party having
relied on the provisions of this instrument.
This Durable Power of Attomey may be revoked by me at any time.
In Witness whereof I have hereunto signed my name this 20th day of May , 20_21.
ienature
Sworn to before me this
20th day of May , 202L
AUSTIN RYAN LANDI
32283
Qualified in aronx County
Commission Expires April 13, 2023
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
OCA Official Form No.: 960
AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA
[This form has been approved by the New York State Department of Health]
Patient Name Date of Birth Social Security Number
George Foy
Patient Address
80 E. 110th Street, #12C, New York, NY 10029
I, or my authorized representative, request that health information regarding my care and treatment be released as set forth on this form:
In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996
(HIPAA), I understand that:
1. This authorization may include disclosure of information relating to ALCOHOL and DRUG ABUSE, MENTAL HEALTH ..
except psychotherapy notes, and CONFIDENTIAL HIV* RELATED
TREATMENT, INFORMATION only if I place my initials on
the appropriate line in Item 9(a). In the event the health information described below includes any of these types of information, and I
initial the line on the box in Item 9(a), I specifically authorize release of such information to the person(s) indicated in Item 8.
2. If I am authorizing the release of HIV-related, alcohol or drug treatment, or mental health treatment information, the recipient is
prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I
understand that I have the right to request a list of people who may receive or use my HIV-related information without authorization. If
I experience discrimination because of the release or disclosure of HIV-related information, I may contact the New York State Division
of Human at (212) 480-2493 or the New York City Commission
Rights of Human Rights at (212) 306-7450. These agencies are
responsible for protecting my rights.
3. I have the right to revoke this authorization at any time by writing to the health care provider listed below. I understand that I may
revoke this authorization except to the extent that action has already been taken based on this authorization.
4. I understand that signing this authorization is voluntary. My treatment, payment, enrollment in a health plan, or eligibility for
benefits will not be conditioned upon my authorization of this disclosure.
5. Information disclosed under this authorization might be redisclosed by the recipient (except as noted above in Item 2), and this
redisclosure may no longer be protected by federal or state law.
6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL
CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b).
7. Name and address of health provider or entity to release this information:
Physical Medicine & Rehabilitation of NY, P.C. - 675 Morris Avenue, Bronx, NY 10451
8. Name and address of person(s) or category of person to whom this information will be sent:
Connors & Connors, P.C. - 766 Castelton Avenue, Staten Island, NY 10310
9(a). Spe ific information to be released:
edical Record from (insert date) 03/14/2021 to (insert date) Present
O Entire Medical Record, including patient histories, office notes (except psychotherapy notes), test results, radiology studies, films,
referrals, consults, billing records, insurance records, and records sent to you by other health care providers.
D Other: Include: (Indicate by Initiating)
Alcohol/Drug Treatment
Mental Health Information
Authorization to Discuss Health Information HIV-Related Information
(b) O By initialing here I authorize
Initials Name of individual health care provider
to discuss my health information with my attorney, or a governmental agency, listed here:
(Attomey/Firm Name or Governmental Agency Name)
10. Reason for release of information: 11. Date or event on which this authorization will expire:
Oft request of individual
El Other: Litigation Conclusion of Litigation
12. If not the patient, name of person signing form: 13. Authority to sign on behalf of patient:
Marc Schauer, Esq. Power of Attorney
All items on this form have been completed and my questions about this form have been answered. In addition, I have been provided a
copy of the form.
c Date: () f) 2.
Signature of patier(t or representative authorized by law.
* Human Immunodeficiency Virus that causes AIDS. The New York State Public Health Law protects information which reasonably could
identify someone as having HIV symptoms or infection and information regarding a person's contacts.
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
DURABLE POWER OF ATTORNEY TO EXECUTE A WRITTEN REQUEST FOR PATIENT
INFORMATION UNDER SECTION 18 OF THE NEW YORK STATE PUBLIC HEALTH LAW
This document does not authorize anyone to make medical or other health care decisions. You may
execute a health care proxy to do this,
This is intended to constitute a Durable Power of Attorney to execute a written request for patient
in formation under Section 18 of the New York State Public Health Law:
1, George Foy , residing at do
appoint The Dearie P.C. - 515 Madison 16* New York, NY
hereby Law Firm, Avenue, Floor, 10022,
as my attorneys-in-fact to execute a written request for patient information under Section 18 of the New
York State Public Health Law, in my name, place and stead in any way which I myself could do, if I were
personally present.
This durable Power of Attorney shall not be affected by my subsequent disability or incompetence,
To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed
copy or facsimile of this instrument may act hereunder, and that revocation or termination hereof shall be
ineffective as to such third party unless and until actual notice or knowledge of such revocation or
termination shall have been received by such third party, and I for myself and for my heirs, executors,
legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from
and against any and all claims that may arise against such third party by reason of such third party having
relied on the provisions of this instrument.
This Durable Power of Attorney may be revoked by me at any time.
In Witness whereof I have hereunto signed my name this 20th day of May , 20-21
i ature
Sworn to before me this
20th day of May , 20 21
AUSTIN RYAN LANDi
32 8
Qualified in Bronx County
Commission Expires Apn113, 2023
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023
OCA Official Form No.: 960
AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA
[This form has been approved by the New York State Department of Health)
Patient Name Date of Birth Social Security Number
George Foy
Patient Address
80 E. 110th Street, #12C, New York, NY 10029
I, or my authorized representative, request that health information regarding my care and treatment be released as set forth on this form:
In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996
(HIPAA), I understand that:
1. This authorization may include disclosure of information relating to ALCOROL an
Preview
FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 EXHIBIT A FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 THE DEARIE LAW FIRM, e.c. WWW.DEARIELAW.COM MANHATTAN OFFICE 515 MADISONAVE, 16th NEW YORK,NY 10022 T: 212-980-0404 F: 212-980-0555 November 30, 2022 Connors & Connors, P.C. . . . 766 Castelton Avenue Staten Island, NY 10310 Law Offices of Michael Ferro & Associates 2 Huntington Quadrangle, Suite 2N01 Melville, NY 11747 Case: Foy v. Shaw Index No.: 721838/2021 Our Client: George Foy Our File No.: 5533 Dear Counselor(s): As you are aware, this office represents Plaintiff, George Foy, in the above-referenced matter. Enclosed, please find Plaintiff's RESPONSE TO POST EBT DEMAND FOR DISCOVERY and RESPONSE TO DEMAND FOR DISCOVERY. If there are any questions, or to discuss this matter further, please do not hesitate to contact me at ms@dearielaw.com or (212) 980-0404 x103. Yours, etc., THE DEARIE LAW FIRM, P.C. By: Marc Schauer, Esq. Attorneys for Plaintiff(s) George Foy 515 Madison Avenue, 16th Floor New York, NY 10022 FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _____________________________---____________________________________Ç GEORGE --- FOY, Index No.: 721838/2021 Plaintiff, RESPONSE TO POST EBT -against- DEMAND FOR DISCOVERY JAMES MICHAEL SHAW and GAIL RAVENELL, Defendants. _______________________________________..____________________________Ç Plaintiff, by his attorneys, THE DEARIE LAW FIRM, P.C., responding to the Post EBT Demand for Discovery of defendant, JAMES M. SHAW, responds, upon information and belief, as follows: A. Please find attached an authorization to obtain Plaintiff's employment records from LaserShip. B. Plaintiff objects to this request because Plaintiff is not self-employed. C. Please find attached authorization for the following: a. CitiMed; b. Hudson Regional; c. PMR; D. Plaintiff is still investigating the total amount of all liens. Plaintiff will supplement this response at a later date. E. Plaintiff objects to the request for social media information as overbroad and nothing more than a fishing expedition. PLEASE TAKE FURTHER NOTICE, that Plaintiff reserves the right to challenge the competency, relevancy, materiality and admissibility of, or to object on any grounds to the use of, FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 any of the documents and/or information at the trial of this action or any other action or proceeding whether now pending or subsequently commenced. Dated: New York, New York November 30, 2022 THE DEARIE AW FIRM, P.C. Marc S. Schauer, Esq. Attorneys for Plaintiff GEORGE FOY 16th 515 Madison Ave, Floor New York, New York 10022 212-980-0404 To: The Law Office of Michael Ferro & Associates 2 Huntington Quadrangle Suite 2N01 Melville, NY 11747 Connors & Connors, P.C. 766 Castelton Avenue Staten Island, NY 10310 FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 AFFIDAVIT OF SERVICE STATE OF NEW YORK } } SS. COUNTY OF NEW YORK } Shannel Pilay, being duly sworn, says: I am not a party to this action, am over 21 years of age and I reside in the County of Kings, State of New York. On November 30, 2022, I served the within: RESPONSE TO POST EBT DEMAND FOR DISCOVERY upon: Connors & Connors, P.C. 766 Castelton Avenue Staten Island, NY 10310 Law Offices of Michael Ferro & Associates 2 Huntington Quadrangle, Suite 2N01 Melville, NY 11747 the address designated by said party for this purpose, by depositing a true copy of same in a post- paid properly addressed wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within the State of New York. Shannel Pilay U Sworn to before me this November 30, 2022 Nota Public QiNG SHl LU Notary Public, State of NewYork Reg. No. 01LU6399394 Qualifiedin Kings County commission Expires 10/21/2023. FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 Index No.: 721838/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ______________________________________________________________________Ç GEORGE FOY, Plaintiff(s), -against- JAMES MICHAEL SHAW and GAIL RAVENELL, Defendant(s). ________________________________________---__________________________Ç RESPONSE TO POST EBT DEMAND FOR DISCOVERY ______________________________________________________________________Ç THE DEARIE LAW FIRM, P.C. 16th 515 Madison Avenue, F100r New York, New York 10022 212-980-0404 FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 AUTHORIZATIONS FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 OCA Official Form No.: 960 AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA [This form has been approved by the New York State Department of Health] Patient Name Date of Birth Social Security Number George Foy Patient Address I, or my authorized representative, request that health information regarding my care and treatment be released as set forth on this form: In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), I understand that: 1. This authorization .may include disclosure of information relating to ALCOHOL and DRUG ABUSE, MENTAL HEALTH except psychotherapy notes, and CONFIDENTIAL HIV* RELATED INFORMATION TREATMENT, only if I place my initials on the appropriate line in Item 9(a). In the event the health information described below includes any of these types of information, and I initial the line on the box in Item 9(a), I specifically authorize release of such information to the person(s) indicated in Item 8. 2. If I am authorizing the release of HIV-related, alcohol or drug treatment, or mental health treatment information, the recipient is prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I understand that I have the right to request a list of people who may receive or use my HIV-related information without authorization. If I experience discrimination because of the release or disclosure of HIV-related information, I may contact the New York State Division of Human Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are responsible for protecting my rights. 3. I have the right to revoke this authorization at any time by writing to the health care provider listed below. I understand that I may revoke this authorization except to the extent that action has already been taken based on this authorization. 4. I understand that signing this authorization is voluntary. My treatment, payment, enrollment in a health plan, or eligibility for benefits will not be conditioned upon my authorization of this disclosure. 5. Information disclosed under this authorization might be redisclosed by the recipient (except as noted above in Item 2), and this redisclosure may no longer be protected by federal or state law. 6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b). 7. Name and address of health provider or entity to release this information: - 1912 Woodford VA 22182 LaserShip Company Road, Vienna, 8. Name and address of person(s) or category of person to whom this information will be sent: The Law Office of Michael Ferro & Associates - 2 Huntington Quadrangle, Suite Melville, NY 11747 2N01, 9(a). Sp ic information to be released: Medical Record from (insert date) 03/14/2021 to (insert date) Present O Entire Medical Record, including patient histories, office notes (except psychotherapy notes), test results, radiology studies, films, referrals, consults, billing records insuranc records, and records sent to you by other health care providers. 84tÅ' Other: / 0 f fDr - Include: (Indicate by Initialing) Alcohol/Drug Treatment Mental Health Information Authorization to Discuss Health Information HIV-Related Information (b) O By initialing here I authorize Initials Name of individual heahh care provider to discuss my health information with my attorney, or a governmental agency, listed here: (Attorney/Firm Name or Govemmental Agency Name) 10. Reason for release of information: I 1. Date or event on which this authorization will expire: O %quest of individual Other: Litigation Conclusion of Litigation 12. If not the patient, name of person signing form: 13. Authority to sign on behalf of patient: Marc Schauer, Esq. Power of Attorney All items on this form have been completed and my questions about this form have been answered. In addition, I have been provided a copy of the form. Date: Signature of patient o re resentative authorized by law. * Human Immunodeficiency Virus that causes AIDS. The New York State Public Health Law protects information which reasonably could identify someone as having HIV symptoms or infection and information regarding a person's contacts. FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 DURABLE POWER OF ATTORNEY TO EXECUTE A WRITTEN REQUEST FOR PATIENT INFORMATION UNDER SECTION 18 OF THE NEW YORK STATE PUBLIC HEALTH LAW This document does not authorize anyone to make medical or other health care decisions. You may execute a health care proxy to do this. This is intended to constitute a Durable Power of Attorney to execute a written request for patient information under Section 18 of the New York State Public Health Law: 1, George Foy , residing at do appoint The Dearie Law P.C. - 515 Madison 16"' New York, hereby Firm, Avenue, Floor, NY 10022, as my attorneys-in-fact to execute a written request for patient information under Section 18 of the New York State Public Health Law, in my name, place and stead in any way which I myself could do, if I were personally present. This durable Power of Attorney shall not be affected by my subsequent disability or incompetence. To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed copy or facsimile of this instrument may act hereunder, and that revocation or termination hereof shall be ineffective as to such third party unless and until actual notice or knowledge of such revocation or termination shall have been received by such third party, and I for myself and for my heirs, executors, legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from and against any and all claims that may arise against such third party by reason of such third party having relied on the provisions of this instrument. This Durable Power of Attomey may be revoked by me at any time. In Witness whereof I have hereunto signed my name this 20th day of May , 2021 i nature Sworn to before me this 20th day of May , 20_2_1 AUSTIN RYAN LANDI 32 B Qualifiedin Bronx County Commission Expires April 13, 2023 FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 OCA Official Form No.: 960 AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA [This form has been approved by the New YorkState Department of Health] Patient Name Date of Birth Social Security Number George Foy Patient Address I, or my authorized representative, request that health information regarding my care and treatment be released as set forth on this form: In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), I understand that: L This authorization..may.include disclosure of information relating to ALCOHOL and .DRUG ABUSE, MENTAL HEALT.H except psychotherapy notes, and CONFIDENTIAL HIV* RELATED TREATMENT, INFORMATION only if I place my initials on the appropriate line in Item 9(a). In the event the health information described below includes any of these types of information, and I initial the line on the box in Item 9(a), I specifically authorize release of such information to the person(s) indicated in Item 8. 2. If I am authorizing the release of HIV-related, alcohol or drug treatment, or mental health treatment information, the recipient is prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I understand that I have the right to request a list of people who may receive or use my HIV-related information without authorization. If I experience discrimination because of the release or disclosure of HIV-related information, I may contact the New York State Division of Human Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are responsible for protecting my rights. 3. I have the right to revoke this authorization at any time by writing to the health care provider listed below. I understand that I may revoke this authorization except to the extent that action has already been taken based on this authorization. 4. I understand that signing this authorization is voluntary. My treatment, payment, enrollment in a health plan, or eligibility for benefits will not be conditioned upon my authorization of this disclosure. 5. Information disclosed under this authorization might be redisclosed by the recipient (except as noted above in Item 2), and this redisclosure may no longer be protected by federal or state law. 6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b). 7. Name and address of health provider or entity to release this information: - 1912 Woodford VA 22182 LaserShip Company Road, Vienna, 8. Name and address of person(s) or category of person to whom this information will be sent: Connors & Connors, P.C. - 766 Castelton Avenue, Staten Island, NY 10310 9(a). pecific informationto be released: Medical Record from (insert date) 03/14/2021 to (insert date) Present Entire Medical Record, including patient histories, office notes (except psychotherapy notes), test results, radiology studies, films, referrals, consulty, billing records, insurance ecords, and records sent to you by other health care providers. Other: IC /AGAt ro..-CBC . Include: (Indicate by Initialing) Alcohol/Drug Treatment Mental Health Information Authorization to Discuss Health Information HIV-Related Information (b) O By initialing here I authorize Initials Name of individual health care provider to discuss my health information with my attorney, or a governmental agency, listed here: (Attomey/Firm Name or Governmental Agency Name) 10. Reason for release of information: 11. Date or event on which this authorization will expire: O request of individual Other: Litigation Conclusion of Litigation 12. If not the patient, name of person signing form: 13. Authority to sign on behalf of patient: Marc Schauer, Esq. Power of Attorney All items on this form have been completed and my questions about this form have been answered. In addition, I have been provided a copy of the form. Signature of patien r ep sentative authorized by law. * Human Immunodeficiency Virus that causes AIDS. The New York State Public Health Law protects information which reasonably could identify someone as having HIV symptoms or infection and information regarding a person's contacts. FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 DURABLE POWER OF ATTORNEY TO EXECUTE A WRITTEN REQUEST FOR PATIENT INFORMATION UNDER SECTION 18 OF THE NEW YORK STATE PUBLIC HEALTH LAW This document does not authorize anyone to make medical or other health care decisions. You may execute a health care proxy to do this. This is intended to constitute a Durable Power of Attorney to execute a written request for patient information under Section I 8 of the New York State Public Health Law: I, George Foy , residing at do appoint The Dearie Law P.C. - 515 Madison 16* New York, NY 10022, hereby Firm, Avenue, Floor, as my attorneys-in-fact to execute a written request for patient information under Section I8 of the New York State Public Health Law, in my name, place and stead in any way which I myself could do, if I were personally present. Tllis durable Power of Attorney shall not be affected by my subsequent disability or incompetence. To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed copy or facsimile of this instrument may act hereunder, and that revocation or termination hereofshall be ineffective as to such third party unless and until actual notice or knowledge of such revocation or termination shall have been received by such third party, and I for myself and for my heirs, executors, legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from and against any and all claims that may arise against such third party by reason of such third party having relied on the provisions of this instrument. This Durable Power of Attomey may be revoked by me at any time. In Witness whereof I have hereunto signed my name this 20th day of May , 20_21. ienature Sworn to before me this 20th day of May , 202L AUSTIN RYAN LANDI 32283 Qualified in aronx County Commission Expires April 13, 2023 FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 OCA Official Form No.: 960 AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA [This form has been approved by the New York State Department of Health] Patient Name Date of Birth Social Security Number George Foy Patient Address 80 E. 110th Street, #12C, New York, NY 10029 I, or my authorized representative, request that health information regarding my care and treatment be released as set forth on this form: In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), I understand that: 1. This authorization may include disclosure of information relating to ALCOHOL and DRUG ABUSE, MENTAL HEALTH .. except psychotherapy notes, and CONFIDENTIAL HIV* RELATED TREATMENT, INFORMATION only if I place my initials on the appropriate line in Item 9(a). In the event the health information described below includes any of these types of information, and I initial the line on the box in Item 9(a), I specifically authorize release of such information to the person(s) indicated in Item 8. 2. If I am authorizing the release of HIV-related, alcohol or drug treatment, or mental health treatment information, the recipient is prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I understand that I have the right to request a list of people who may receive or use my HIV-related information without authorization. If I experience discrimination because of the release or disclosure of HIV-related information, I may contact the New York State Division of Human at (212) 480-2493 or the New York City Commission Rights of Human Rights at (212) 306-7450. These agencies are responsible for protecting my rights. 3. I have the right to revoke this authorization at any time by writing to the health care provider listed below. I understand that I may revoke this authorization except to the extent that action has already been taken based on this authorization. 4. I understand that signing this authorization is voluntary. My treatment, payment, enrollment in a health plan, or eligibility for benefits will not be conditioned upon my authorization of this disclosure. 5. Information disclosed under this authorization might be redisclosed by the recipient (except as noted above in Item 2), and this redisclosure may no longer be protected by federal or state law. 6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b). 7. Name and address of health provider or entity to release this information: Physical Medicine & Rehabilitation of NY, P.C. - 675 Morris Avenue, Bronx, NY 10451 8. Name and address of person(s) or category of person to whom this information will be sent: Connors & Connors, P.C. - 766 Castelton Avenue, Staten Island, NY 10310 9(a). Spe ific information to be released: edical Record from (insert date) 03/14/2021 to (insert date) Present O Entire Medical Record, including patient histories, office notes (except psychotherapy notes), test results, radiology studies, films, referrals, consults, billing records, insurance records, and records sent to you by other health care providers. D Other: Include: (Indicate by Initiating) Alcohol/Drug Treatment Mental Health Information Authorization to Discuss Health Information HIV-Related Information (b) O By initialing here I authorize Initials Name of individual health care provider to discuss my health information with my attorney, or a governmental agency, listed here: (Attomey/Firm Name or Governmental Agency Name) 10. Reason for release of information: 11. Date or event on which this authorization will expire: Oft request of individual El Other: Litigation Conclusion of Litigation 12. If not the patient, name of person signing form: 13. Authority to sign on behalf of patient: Marc Schauer, Esq. Power of Attorney All items on this form have been completed and my questions about this form have been answered. In addition, I have been provided a copy of the form. c Date: () f) 2. Signature of patier(t or representative authorized by law. * Human Immunodeficiency Virus that causes AIDS. The New York State Public Health Law protects information which reasonably could identify someone as having HIV symptoms or infection and information regarding a person's contacts. FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 DURABLE POWER OF ATTORNEY TO EXECUTE A WRITTEN REQUEST FOR PATIENT INFORMATION UNDER SECTION 18 OF THE NEW YORK STATE PUBLIC HEALTH LAW This document does not authorize anyone to make medical or other health care decisions. You may execute a health care proxy to do this, This is intended to constitute a Durable Power of Attorney to execute a written request for patient in formation under Section 18 of the New York State Public Health Law: 1, George Foy , residing at do appoint The Dearie P.C. - 515 Madison 16* New York, NY hereby Law Firm, Avenue, Floor, 10022, as my attorneys-in-fact to execute a written request for patient information under Section 18 of the New York State Public Health Law, in my name, place and stead in any way which I myself could do, if I were personally present. This durable Power of Attorney shall not be affected by my subsequent disability or incompetence, To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed copy or facsimile of this instrument may act hereunder, and that revocation or termination hereof shall be ineffective as to such third party unless and until actual notice or knowledge of such revocation or termination shall have been received by such third party, and I for myself and for my heirs, executors, legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from and against any and all claims that may arise against such third party by reason of such third party having relied on the provisions of this instrument. This Durable Power of Attorney may be revoked by me at any time. In Witness whereof I have hereunto signed my name this 20th day of May , 20-21 i ature Sworn to before me this 20th day of May , 20 21 AUSTIN RYAN LANDi 32 8 Qualified in Bronx County Commission Expires Apn113, 2023 FILED: QUEENS COUNTY CLERK 03/22/2023 03:41 PM INDEX NO. 721838/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/22/2023 OCA Official Form No.: 960 AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA [This form has been approved by the New York State Department of Health) Patient Name Date of Birth Social Security Number George Foy Patient Address 80 E. 110th Street, #12C, New York, NY 10029 I, or my authorized representative, request that health information regarding my care and treatment be released as set forth on this form: In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), I understand that: 1. This authorization may include disclosure of information relating to ALCOROL an