On August 23, 2016 a
Party Notice
was filed
involving a dispute between
Phadia Jean,
Vladimir Jean,
and
Orangetown Police Department,
Orangetown Police Officer,
Orangetown Town Of,
for Torts - Other (Abuse of Process)
in the District Court of Rockland County.
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FILED: ROCKLAND COUNTY CLERK 07/27/2018 04:44 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/27/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
---------------------------------------------------X
PHADIA JEAN and VLADIMIR JEAN,
Plaintiffs,
NOTICE TO SUBMIT TO
- against - MENTAL EXAMINATION
TOWN OF ORANGETOWN, ORANGETOWN
POLICE DEPARTMENT, POLICE OFFICERS
DOE"
"JOHN One through Three and POLICE
DOE,"
OFFICER "JANE the names being fictitious Index No. 33456/2016
but intended to be the Police Officers of the
ORANGETOWN POLICE DEPARTMENT who
Engaged in illegal and negligent behavior against
Plaintiffs,
Defendants.
------------------------------------------------------X
Pursuant to CPLR §§ 3121 and 3101(a), the Orangetown Defendants demand that
PHADIA the submit to a mental examination Barbara S. ABPP-
JEAN, plaintiff, by Baer, Ph.D.,
CN, at 547 Saw Mill River Road, Ardsley, New York, on September 7, 2018, at 10:30 AM.
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR Article 31 and 22 NYCRR
§ 202.17, plaintiff is required to produce to the under-signed, within twenty (20) days of service
of this notice, the following:
1. Copies of all medical or psychological reports of allphysicians and other medical
—--——----- - providers who have treated or have-examined the but not limited to the
plaintiffpincluding
reports of allphysicians and other medical or psychological providers who will testify for the
plaintiff. The reports shall include a detailed recital of the injuries and conditions as to which
testimony will be offered at trial,referring to and identifying those associated reports that will be
offered at trial,including a description of the injuries, a diagnosis and a prognosis.
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FILED: ROCKLAND COUNTY CLERK 07/27/2018 04:44 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/27/2018
2. Duly executed and acknowledged written authorizations permitting all parties to
obtain and make copies of all treatment records and such other records, as may be referred to and
identified in the reports of those medical providers who have treated or examined the plaintiff.
We note that plaintiff has previously provided authorization for the records of Dr. Niarcia
Westra, which was forwarded to Dr. Westra, and Dr. Westra has provided to the Orangetown
Defendants notes relating to her treatment of Plaintiff Phadia Jean for the time period from
January 13, 2106 until March 28, 2018. However, Plaintiff in her EBT testified that she
began treatment with Dr. Westra in August 2015. Defendants specifically request another
authorization permitting release of Dr. Westra's notes from August 1, 2015 until January 12,
2016.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Pursuant to
CPLR § 3101(h) you are required to amend or supplement any response previously given to this
demand promptly upon obtaining information that the previous response was incorrect or
incomplete when made, or that the previous response, though current and complete when made,
no longer is correct and complete.
Dated: July 27, 2018
Orangeburg, New York
ROBERT V. MAGRINO
Town of Orangetown Town Attorney's Office
26 Orangeburg Road
-
Orangeburg, New=York 10962
(845) 359-5100, ext. 2251
Fax: (845) 359-2715
By: .
RICHARD S. PAKOLA, ESQ.
Deputy Town Attorney
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FILED: ROCKLAND COUNTY CLERK 07/27/2018 04:44 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/27/2018
TO: Valerie J. Crown, Esq.
Valerie Crown, Attorney at Law, P.C.
4th
151 North Main Street, Floor
New City, NY 10956
(845) 708-5900
-3-
3 of 3
Document Filed Date
July 27, 2018
Case Filing Date
August 23, 2016
Category
Torts - Other (Abuse of Process)
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FILED: ROCKLAND COUNTY CLERK 07/27/2018 04:44 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/27/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ---------------------------------------------------X PHADIA JEAN and VLADIMIR JEAN, Plaintiffs, NOTICE TO SUBMIT TO - against - MENTAL EXAMINATION TOWN OF ORANGETOWN, ORANGETOWN POLICE DEPARTMENT, POLICE OFFICERS DOE" "JOHN One through Three and POLICE DOE," OFFICER "JANE the names being fictitious Index No. 33456/2016 but intended to be the Police Officers of the ORANGETOWN POLICE DEPARTMENT who Engaged in illegal and negligent behavior against Plaintiffs, Defendants. ------------------------------------------------------X Pursuant to CPLR §§ 3121 and 3101(a), the Orangetown Defendants demand that PHADIA the submit to a mental examination Barbara S. ABPP- JEAN, plaintiff, by Baer, Ph.D., CN, at 547 Saw Mill River Road, Ardsley, New York, on September 7, 2018, at 10:30 AM. PLEASE TAKE FURTHER NOTICE that pursuant to CPLR Article 31 and 22 NYCRR § 202.17, plaintiff is required to produce to the under-signed, within twenty (20) days of service of this notice, the following: 1. Copies of all medical or psychological reports of allphysicians and other medical —--——----- - providers who have treated or have-examined the but not limited to the plaintiffpincluding reports of allphysicians and other medical or psychological providers who will testify for the plaintiff. The reports shall include a detailed recital of the injuries and conditions as to which testimony will be offered at trial,referring to and identifying those associated reports that will be offered at trial,including a description of the injuries, a diagnosis and a prognosis. -1- 1 of 3 FILED: ROCKLAND COUNTY CLERK 07/27/2018 04:44 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/27/2018 2. Duly executed and acknowledged written authorizations permitting all parties to obtain and make copies of all treatment records and such other records, as may be referred to and identified in the reports of those medical providers who have treated or examined the plaintiff. We note that plaintiff has previously provided authorization for the records of Dr. Niarcia Westra, which was forwarded to Dr. Westra, and Dr. Westra has provided to the Orangetown Defendants notes relating to her treatment of Plaintiff Phadia Jean for the time period from January 13, 2106 until March 28, 2018. However, Plaintiff in her EBT testified that she began treatment with Dr. Westra in August 2015. Defendants specifically request another authorization permitting release of Dr. Westra's notes from August 1, 2015 until January 12, 2016. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Pursuant to CPLR § 3101(h) you are required to amend or supplement any response previously given to this demand promptly upon obtaining information that the previous response was incorrect or incomplete when made, or that the previous response, though current and complete when made, no longer is correct and complete. Dated: July 27, 2018 Orangeburg, New York ROBERT V. MAGRINO Town of Orangetown Town Attorney's Office 26 Orangeburg Road - Orangeburg, New=York 10962 (845) 359-5100, ext. 2251 Fax: (845) 359-2715 By: . RICHARD S. PAKOLA, ESQ. Deputy Town Attorney -2- 2 of 3 FILED: ROCKLAND COUNTY CLERK 07/27/2018 04:44 PM INDEX NO. 033456/2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/27/2018 TO: Valerie J. Crown, Esq. Valerie Crown, Attorney at Law, P.C. 4th 151 North Main Street, Floor New City, NY 10956 (845) 708-5900 -3- 3 of 3